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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 of 3 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