HomeMy WebLinkAbout06-24-2002MINUTES OF THE BOARD OF PUBLIC WORKS AND SAFETY
OF THE CITY OF JEFFERSONVILLE, INDIANA
June 24, 2002
Mayor Galligan called the meeting to order at 9:50 a.m. Board members present were Engineer
Bob Miller and Councilperson Rob Waiz, with Clerk Treasurer Peggy Wilder at the desk.
Also present were: Mayor's Assistant Dustin White, Personnel Director Ellis, Wastewater
Treatment Director Crawford, Police Chief Mike Pavey, Redevelopment Director Duggins,
Administrator Rich Davis, Fire Chief Smith, Animal Control Officer Michael Wright, Engineer
Dixon, Building Commissioner Gavin and Vehicle Maintenance Director Drury.
Clerk Treasurer Wilder presented the minutes of the June 10, 2002 meeting and
Engineer Miller made a motion to approve, seconded by Councilperson Waiz and
carded unanimously.
Payroll was presented for approval. Engineer Miller made a motion to approve the
payroll, seconded by Councilperson Waiz and carried unanimously.
PEDDLERS PERMIT
Deb Harris appeared before the Board to request a Peddler's Permit. She will be
operating a food truck in the 3effersonville Industrial Park. Engineer Miller made a
motion to approve, seconded by Councilperson Waiz and carded unanimously.
GIS CONTRACT
Planning and Zoning Director 3ana Ecker appeared before the Board with Todd Booker of
Jacobi, Toombs and Lanz regarding the approval of the GIS contract with Jacobi, Toombs and
Lanz. She told the Board that the amount of $25,000 was the City portion due for the project.
She told the Board that this was a joint effort with the County, and their portion of the cost is
$160,000. Planning and Zoning Director Ecker explained that the contract had a not to exceed
clause of $25,000. Mayor Galligan requested that the contract be approved pending funding.
Engineer Miller made a motion to approve the contract contingent on funding, seconded by
Councilperson Waiz and carded unanimously.
FRUEHAUF TRAILER
Planning and Zoning Director Jana Ecker told the Board that Code Inspector Sharon Owens had
been in contact with her regarding the property at 2000 Coopers Lane. She said that Fruehauf
had not been cited and that John Zeitler with Fruehauf Trailers had come in voluntarily. Planning
and Zoning Director Ecker told the Board that a complaint had been received regarding wrecked
trailers and trailers parked on grass as well as old tires on the property. Ecker told the Board that
Sharon Owens had spoken to Mr. Zeitler on the phone and that he had been cooperative and told
her that he had cleaned the property and felt that the City should be happy with the progress.
Ecker said that there are some existing problems and she wanted to continue talking with him.
Mr. Zeitler said he was unaware that he was in the two-mile fringe area of the City. He said he
was prepared to work with the City, and that they had already cleaned up the property a great
deal. He presented photos of the most recent clean up. He did express concern regarding the code
enforcement officer climbing over barbed wire fence to get on to his property to inspect it. He
said he has no problem with site inspections, but to let him know before. Ecker confirmed that
this was Inspector Sharon Owens, and Mayor Galligan said that he would talk to her about this.
Planning and Zoning Director Ecker said this was done because they always go out to verify a
complaint. Mr. Zeitler told Mayor Galligan he would clean up the tires, and Planning and Zoning
Director Ecker said she appreciated his work in cleaning the property.
STROEBELTECHNOLOGY
Planning and Zoning Director Ecker addressed a letter sent by Stroebel Technology regarding
paving. She said that the letter indicated they would pave the front of the building by the fall of
2003, and the back of the building by fall of 2004. The proposal was offered to settle all issues
between the parties, however they are still under the belief that it was a pre-existing non-
conforming use as set out in the Ordinance, but they are willing to end all legal battles with the
City if the Board would like to accept the proposal. Mayor CJalligan said they were supposed to
pave this year. He does not have a problem with the back of the building but the front was
supposed to be done. He said that Ecker needs to talk to them before any action is taken and tell
them that the front side needs to be paved by October 31st of 2002 and that the City will give
them until the fall of 2004 for the back side. Mayor Gailigan asked if the Board members agreed.
Engineer Miller said he believes the ~ont portion should be done this year and the backby 2003.
However, he does not want to place a financial strain on him.
OTHER BUS1NESS
Fire Chief asked if the contract for the design of the new Fire Station had been approved. Mayor
Galligan said the contract is in the process of being corrected, and that it was rewritten.
Planning and Zoning Director Ecker asked if the Mayor had heard from S&R Tire. He said they
had been missing each other on the telephone.
Engineer Miller asked if the City would continue to re-locate sewers whenever a house is torn
down. The Mayor said the sewers need to be recorded, but that the City has no further
responsibility.
There being no further discussion to come before the Board, Engineer Miller made a motion to
adjourn the meeting.
ATTEST:
Cle~rk Tr[2~u~rer Peggy Wilder
DANIEL R. MARRA
Attorney at Law
538 East Court Avenue
Jeffersonville, IN 47130
812/283-1303
FAX 812/288-0811
June 20, 2002
Jana L. Ecker
Department of Planning and Zoning
City-County Building
501 E. Court Ave.
Jeffersonville, IN 47130
Re: Strobel Technologies
Paving Ordinance
Dear Ms. Ecker:
My client, Strobel Technologies, has elected to pave their front
and back parking lots. This is a major financial undertaking
because of the embezzlement of funds by a former employee.
Therefore, we are submitting a proposal for paving that is within
Strobel's finances and Jeffersonville's desire to enforce the
paving ordinance.
Strobel will pave the front of the building by the fall of 2003.
This is approximately one third of the area to be paved. Strobel
will pave the back of the building by the fall of 2004. This
would be the remaining two third's of the area to be paved.
This proposal is offered for the purpose of settling all issues
between the parties. My client is of the opinion that the
parking areas are a pre-existing non-conforming use as set forth
in the 2001 ordinance under which they were cited. Nevertheless~
if this meets with your approval would like to end all legal
battles with the city.
Should you have any questions concerning this correspondence
please do not hesitate to call my office.
Sincerely,
Daniel R. Marra
cc:
Strobel Technologies
Thomas R. Galligan, Mayor
Anne Marie Galligan, City Attorney
Jacobi, Toombs and Lanz, inc.
Consulting Engineers
120 Bell Avenue Clarksville, indiana 47129
812 288-6646 FAX: 812 288-6656
Geographic Information Systems (GIS) General Services
Digital Parcel Data Layer Creation
City of Jeffersonville, Indiana, Board of Public Works and Safety ~
Professional Engineering Services Agreement
This is an agreement made as of this 2/'Jr ~b. day of ~'/~ ,20~__~, between City of
Jeffersonville Indiana, Board of Public Works and Saf~y' (Client) and Jacobi, Toombs, and Lanz,
inc. (JTL) a firm of Professional Engineers, Surveyors and GIS Spec a sts.
Client (CITY) hereby retains JTL (CONSULTANT) to perform services as described in Attachment A.
CONSULTANT agrees to perform the services in consideration of the compensation described in
Attachment B and in accordance with the terms described in Attachment C.
This Agreement consists of this document together with Attachment A - Project Requirements,
Attachment B - Fee Schedule, and Attachment C - Terms and Conditions. This agreement between the
CITY and CONSULTANT supercedes alt 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.
CITY:
Board of Public Works and Safety
501 E. Court Ave.
City-County Building Rm. 306
Jeffersonville, J~liana 47';~0 ./')
By
Rob 'dfNaiz,/l(/lember
Robert L. Miller, Member
CONSULTANT:
Jacobi, Toombs, and Lanz
120 Bell Avenue
Claf~lle, Indiana 47129
·
By,
Anne Marie Galligan, City Attorney
~ , oagp I of I Professional Services Aareement 8/22/0t
John H. Toombs, Jr. P.E. Jorge I. Lanz, P.E.
Professional Services Agreement
Attachment A
Project Requirements
I. Description of Services
The primary purpose of this project is to assist the City of JeffersonviIle, indiana, Board of Public Works
and Safety with the creation of digital pamel data tayer within a Geographic Information System (GIS).
This data will support the County's efforts to maintain and update land parcel records in a digital format,
compatible with GtS standards. The new digital layer will supplement the existing paper map-books
initially and ultimately be the primary parcel layer, allowing the paper maps to be used as back-up.
2. Scope of Services
Services to be provided under this agreement are grouped as ten items:
Item l: Functional Assessment--CONSULTANT will meet with members from the Auditor's
office to review the current maintenance process and work flows. This task is crucial to the
conversion process and will serve to document the inherent relationship between parcels and
ownership records. During this task, decisions will be made with the client as to the complexity
and amount of information to be converted, as well as the types of parcel features that will
ultimately exist within the final GIS deliverable. Similarly, CONSULTANT will review the
subdivision plat process with representatives from the Recorder's office.
Item 2: Tax Map Scanning--CONSULTANT will mobilize our large format scanner on-site, at the
Auditor's map-room to scan the individual tax maps (approximately 8,000 scans) for each of the
books for these locations. During the scanning process, CONSULTANT will build an image
database with limited attributes such as tax book, page number, scan date, etc. This database
will be used later to enable customers to view historical information contained on the maps at the
time of the scan.
Item 3: Parcel Conversion-- Once the scanning process is complete, CONSULTANT will
register the tax map images to visible features on the digital orthophotography in order to
transform the maps to real world coordinates. CONSULTANT's GIS Specialists will then
digitize the parcel boundaries from the maps, and populate a taxcode field to allow for a static
link to be made back to information from both the Low and Manitron systems. In preparation
of this proposal, CONSULTANT has reviewed the Auditor's data, and there appears to be
approximately 50,000 parcel records in Clark County. Quality control will be performed on
the parcel information before final delivery to the County.
· Item 4: Project Management/Quality Control~ CONSULTANT will perform quality control on
all aspects of the project.
Attachment A: Project Requirements
3. Project Schedule
The anticipated time{ine for this project includes beginning on or near June 24, 2002, and continuing
through the end of December 2002.
Modifications and Change Orders
The CITY, without invalidating the Contract, may make changes to the sen/ice as necessary. If the
change requires an adjustment in the Contract Price, the CONSULTANT shall transmit to the Board of
Public Works and Safety the costs of such changes by letter. Please note that no changes to the contract
shall be allowed unless a written change order is agreed upon and executed by both the Board of Public
Works and Safety and the CONSULTANT.
F:\GIS~Clark County indiana\City of Jeffc~unty parcel.doc A - 2 Professional Services Agreement 8/2/01
Attachment A: Project Requirements
Professional Services Agreement
Attachment B: Fee Schedule
Items '1-4
Engineering fees for this item will be billed on a time and materials basis at standard rates and
reimbursable expenses with a budget not to exceed $25,000.
Attachment C: Ctark County Surveyor Specifications
Professional Services Agreement
Attachment C - Terms & Conditions
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 established 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.
· Standard Rates is defined as individual time
multiplied by standard billing rates for that individual.
~=~y v~,~,~,'~u~ Co,~:~¢~,~TL~,,,(C).~ Page 1
· 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 month'ly 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 notif7 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 ara 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 ara instruments of service and 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 held liable
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Terms & Conditions Rev 10/22/01
for muse 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 $500,000 per Accident
and $500,000 Policy Limit
Commercial General $1,000,000 per
Liability occurrence (bodily injury
including death &
property damage)
$2,000,000 aggregate
Automobile Liability $1,000,000 combined
single limit for bodily
injury and property
damage
Professional Liability $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 C[ient 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 sha~l 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 ail 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
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. 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.
Page 2 of 3
Terms & Conditions Rev 10/22/01
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 and that the amount withheld
represents a reasonable value.
Governing Law The terms of agreement shait 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
unenfomeable 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 wdtten 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.
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 Ail 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.
Page 3 of 3 Terms & Conditions Rev 10/22/01