HomeMy WebLinkAboutJeffersonville Canal ProjectAGREEMENT
PSC 2010-
THIS PROFESSIONAL SERVICE CONTRACT, made and entered into by and between
CITY OF JEFFERSONVILLE, INDIANA ("CITY"), and CHZM HILL with offices located
at, One Riverfront Plaza, 401 West Main Street, Suite 500, Louisville, Kentucky, 40202
("CONSULTANT").
WITNESSETH:
WHEREAS, CITY is in need of certain professional services with respect to Engineering for the
schematic design ofthe Jeffersonville Canal Project in the City of Jeffersonville;: and
WHEREAS, the CONSULTANT has been determined by CITY to have the necessary
experience,. expertise and qualif cations to .provide those services;
NOW THEREFORE, it is agreed by and between the parties hereto as follows:
I. RECITALS ARE SUBSTANTIVE PART OF AGREEMENT. The recitals above are
.incorporated into the substantive body of his Agreement, and shall serve to establish the
consideration for this Agreement, as though fully repeated herein.
II. SCOPE OF PROFESSIONAL SERVICES
A. CONSULTANT shall, at the xequest of CITY,. provide services under the terms of
this Agreement. The CONSULT,ANT's work product may be reviewed from time. to
time by CITY for purposes of determining that the services provided are within the scope
of this Agreement.
B. CONSULTANT, while performing the services rendered pursuant to this Agreement,
may utilize agents of-such CONSULTANT. However, such use must be documented in
the monthly invoice .submitted for those services.
C. CONSULTANT may utilize the records or personnel of CITY in performing the
services required in this Agreement, so long as it first secures the. consent of the proper
agent of CITY and prior arrangements are made to provide the necessary records or
personnel..
D. The services of: CONSULTANT shall include but not be limited to providing Project
Management and Engineering for the schematic design of the Jeffersonville Canal as set
forth in Exhibit A attached herewith. In the. event that CITY engages the services of
other professionals-for this subject project, CONSULTANT shall work together with
such other professionals in a cooperative fashion to co-ordinate their efforts, to work in
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Agreement; and CITY shall have the right, at any reasonable time, to inspect and audit
those records by authorized representatives of its own of any public accounting firm
selected by it. The records to be thus maintained and retained by CONSULTANT shall
include without limitation: (a) payroll records accounting for total time distribution of
CONSULTANT'S employees working full or part time on the project (to permit tracing
to payrolls and related tax returns), as well as canceled payroll cheeks, or signed receipts
for payroll payments in cash; (b) invoices for purchases; (c) receiving and issuing
documents, and all the other unit inventory records for CONSULTANT'S stores stock or
capital items; (d) paid invoices and canceled checks for materials purchased and for
subcontractors' and any other third parties' charges; and (e) any and all other records,
whether printed or electronic, pertaining to CONSULTANT'S fees, costs or expenses
charged or chargeable to CITY.
VII. INSURANCE REQUIREMENTS
Prior to commencing work, CONSULTANT shall obtain at its own cost and expense the
following types of insurance through insurance companies licensed. in the State of
Indiana. Insurance written by non-adnutted carriers will also be considered acceptable, if
in accordance with Indiana ,Insurance Law. Workers' Compensation written through
qualified group self insurance programs in accordance with_Indana law will also be
acceptable. The CONSULTANT :shall not commence work under this Contract until
all insurance required tinder the Contract Document has been obtained and until
copies of policies or certificates thereof are submitted to and approved by the City of
Jeffersonville.. The CONSULTANT shall not allow any subcontractor to commence
work until the insurance required of such. subcontractor has been obtained. and. copies of
Certificates of Insurance retained by CONSULTANT evidencing proof of coverages.
Without limiting CONSULTANT'S indemnification requirements, it isagreed that
CONSULTANT shall maintain. in force at all times during the performance of this
agreement the following policy of insurance covering its operations, and require.
subcontractors, if subcontracting is authorised, to procure-.and maintain these same
policies until final acceptance of the work by CITY. CITY may require CONSULTANT
to supply proof of subcontractor's insurance via Certificates of Insurance. The insurance
to be procured and maintained and minimum: Limits of Liability shall be as follows,
unless different limits are specified by addendum to the. contact
l . The CONSULTANT shall purchase and maintain at their own expense- a
PROFESSIONAL LIABILITY (Errors and Omissions Liability} insurance policy,
which includes a minimmum limit of liability of $1,0U0,000 for each Wrongful Act.
The CITY may require- that such policy be written on an "Occurrence" coverage. form.. In
the event that the CITY agrees and CONSULTANT'S policy is written on a "Claims
Made" Form, the CONSULTANT shall, after work has been completed, furnish evidence
that the liability coverage has been. maintained. for at least one year after completion of
work, either by submitting renewal policies with a Retroactive Date of not later than the
date work commenced under this contract,. or by evidence that the CONSULTANT has
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(1) for damages to property, and for injury or death to persons, or
(3) to the extent is not .caused by the negligence or omission of CITY or any of its
elected or appointed officials or employees who are acting within. the scope of their office
or employment.
This Hold Harmless and Indemnification Clause shall in no way be limited by any
financial responsibility or insurance requirements and shall survive the termination of the
Contract. CONSULTANT shall furnish to the CITY a certificate evidencing compliance with the
above requirements. This certificate will list CITY as additional insured and will note specific
cancellation language, as .follows: "In the event of cancellation of any of the said policies, the
insuring company shah give theparty to whom this certificate is issued 30 (thirty) days prior
.notice of such cancellation." if CONSULTANT fails to renew adequate insurance, CITY may
terminate this Agreement.
Services will be the degree of skill and diligence normally employed by professional engineers,
architects, or consultants performing the same or similar services at the time said services are
performed. CONSULTANT will re-perform any services not. meeting this standard without
additional compensation.
All'reports, drawings, specifications, documents, and other deliverables of CONSULTANT,
whether in hard copy or in electronic form, are instruments of service for this Project,: whether the
Project is completed or not. Any re-use of the reports, specification, documents, or other
deliverables for other than their intended use shalt be at the CITY-'s sole risk.
IX. GOVERNING LAW
This Agreement shall be governed by and construed in accordance. with. the. laws of the
State of Indiana. In the event of any proceedings regarding this Agreement, the .Parties
agree that the venue: shall.. be the state courts. of Indiana or the U. S. District Court. All
parties expressly consent to personal jurisdiction and venue in-such Court for the limited
arid. sole purpose f proceedings relating to this Agreement or any rights or obligations
arising: there under. Service of process may be accomplished by following the procedures
prescribed by law.
X, AUTHORITY
The CONSULTANT,. by execution of this Agreement, does hereby warrant and represent
that he is qualified to do business in the State of Indiana, has full right, power and
authority to enter into this Agreement.
XI. CONFLICTS OF INTEREST
(1) It shall be a breach of ethical standards for any employee with procurement authority
to participate directly in any proceeding or application; request for ruling or other
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XII. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement and understanding of the parties with
respect to the subject matter set forth herein and this Agreement supersedes any and all
prior and contemporaneous oral or written agreements or understandings between the
parties relative thereto. No representation, promise, inducement, or statement of
intention has been made by the party that is not embodied in this Agreement. This
Agreement cannot be amended, modified, or supplemented in any respect except by a
subsequent written agreement duly executed by all of the parties,hereto.
WITNESS the signatures of the. parties to this Agreement. These signatures apply to
PSC 2010-
CITY OF J
Printed. Name:
Tine Mayor
Dater ~ C.J111 rt?. ~ ~ ZQ
By:
Printed Name: Y'~-,1~
Title: Redevelopment Executive
Date; ~~- ~ ~' ' ~ t~
CONSULTANT
By:
Printed Name: _/~ (,~a p/ ~~G/<U/p/~-~
Title: // ~+CP ~~s i ~,,~
Date: ~t1~-~ ~,~'~ ~
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Exhibit B
CH2M Hill scope letter as attached.
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vision and goals to align all key team members with the City's vision and to inform the City
staff of available technologies and approaches. The second workshop will be conducted to
provide a summary of the evaluations related to the. desired goals from the visioning
session. This workshop will be used to make a final recommendation for design. The
outcome should be a conceptual cross section, multiple use features, overalLcorridor width,
and general operational criteria related to hydraulic and treatment functions.
Task 2 - lnitial Data Collection and Review
CH2M HILL will review the existing Long- Term Control PIan to ensure that the goals and
objectives of the. LTCP are incorporated into the design of the canal. The programs and
analyses. conducted to date by the City and>its Consultants will be reviewed,.suchas the
hydraulic modeling results, WWTI' effluent. quality data, GIS data, and utility information.
This scope of service assumes that the previous hydraulic-model set-up files-:and other
relevant data are available and are sutablefor use>for the canal design. CH2M HILL-will
notify the City once the data have been reviewed to confirm that the level of effort-estimated
in this scope' is consistent with the quality of the data available.
CH2M HILL will also review available rainfall :intensity data and work with the City to
select appropriate rainfall intensity storms fox use in the hydraulic model evaluation:.
Available-mapping of`iand use, soils,. topography, utilities, and aerial photographs will be
obtained from the: City and canal consultants during this initial phase: Available
information. on the water quality of local treated effluent, local stormwater, and river water
quality will. be assembled. and. reviewed. Current and proposed water quality regulations
will. be reviewed to determine water quality criteria likely to be pertinent to Elie project.
Task 3 -Green Infrastructure Solution Development
The purpose :of this task is to develop and evaluate conceptual alternatives for
implementing Green :Infrastructure. {GI) to reduce the stormwater runoff volume and'
associated pollutants to protect the yvater quality of the canal and to provide aesthetic
amenities in along the canal route. Green infrastructure options are techniques thatxeduce
the volume and peak flow of stormwater runoff by infiltration (where appropriate),
evapotranspiration, and storage/slow release. The project team will work to establish a
plaiuzing and technical- basis for green infrastructure implementation in the project. area
shown in Figure 2. The' team.-will develop and prioritize conceptual level Gl pilot projects
and determine strategies.:for -their implementation..
`The project team will convene a kickoff meeting-with the City and other stakeholders as
appropriate and defined by the City to set goals and critical success factors fox- the project.
This study will inventory preferred types of "Green" stormwater controls and develop.
concepts for their implementation at selected sites. To determine an appropriate range of
projects, cone-day workshop will be held to develop evaluation criteria, to conduct on-site
reconnaissance of -the potential demonstration sites, and to allow for green infrastructure
concept discussion in the field. Drawingfrorn our background of GI applications, the
project team will provide a review of relevant technologies and their potential applicability
- Long term maintenance requirements
- Life cycle costs
- Potential future research evaluation opportunities
- Transportation and pedestrian pathway objectives
- Flood protection
- Community group interest
- Fast-track potential
- Constructability
- Temperature moderation
The CH2M HILL project team-will review the drainage areas and look. for opportunities to
develop the above mentioned practices into projects that. the City may be able to implement.
It should be noted that GI projects can,directly contribute to CSO reductions required as
part of the: ongoing CSO control program and EPA rules that apply once the; stormwater
system is separated. The project team will,review aerial. maps, the proposed. canal. route,
and the drainage patterns tributary to the canal including public and private. land uses:.. A
field visitwill be conducted at sites That look promising for potential GI projects.
Conceptual,schematics of GI locations and drainage areas managed will be produced.
CH2M HILL will develop conceptual plan and detail schematics of each of the projects and
associated Gl control options. Concepts will be displayed graphically in plan format
showingthe location, type and sizing of each stormwater management feature
The #eam will prepare a draft technical memorandum to outline the findings, potential LIDS
and BMPs technologies that could be applicable to the drainage area, and potential
implementation issues. Areas identified as potentially suitable. for GI projects will be
identified and order of magnitude estimates of construction costs formulated. A
demonstration project list will be created, in conjunction with the project stakeholders, and
maps will. be prepared_locating the top 10 priority demonstration projects. Technology fact.
Sheets will be prepared for each of the project types evaluated to explain basic design
principles and layouts. CH2M HILL will evaluate a range. of available technologies for the
control of solids and floatable materials that may enter: the canal from the-sewer system and
provide a summary matrix of applicable approaches.
Task 4 -:Alternative Development and Selection
This evaluation will provide a hydraulic model to determine stormwater flows and related
requirements for conveyance and water surface elevation management. The. evaluation will`
include both large storm events. (e,g., 50-year and 100-year return periods) and an
average/normal event. The canal ..geometry will be varied to provide the storage and design
features (e.g. bike paths, etc.} requested in the visioning workshop. The width and: depth of
the canal may be different than currently depicted in the Strand Report. It is envisioned
that there wIl be close coordination and several design .iterations between the Landscape
Architect and CH2M HILL to develop -the canal configuration.
Project Management
CH2M HILL will provide oversight of project scope, schedule, and budget through an
assigned project manager. The project manager will coordinate the following project
activities: meetings, conference calls, site visit(s), data collection efforts, report preparation
and submittals (draft and final), invoicing, and other administrative activities. CH2M HILL
will submit monthly progress reports to Jeffersonville with monthly invoices that reflect
current project activities and overall progress of the project.
Construction Solutions Inc will be the project point of contact for CH2M HILL. The
Proposed Project Team includes:
• Principal In Charge -Bryan Nicol
• Project Manager: David Hackworth
• Quality Control: Jim Parrish
• Task Lead -Green Infrastructure: Paul Amico
• Task Lead -Hydraulics: Mitch Griffin.
• Task Lead -Treatment Sys#em: Jim Bays
Deliverables
Task 1-Meetings and Workshops
Meeting Minutes
Task 2 - Initial Data Review
- Technical Memorandum summarizes adequacy of existing-data for intended
purposes
Task 3 -Green Infrastructure Solution Development
Technical Memorandum summarizing design criteria :for recommended green
infrastructure
Task 4- Alternative Development and Selection
A short technical memorandum that outlines the treatment and hydraulic findings
related to the alternaEives.
Task 5 -Final Report
Two copies of a draft report to the. City
- Five copies of a final report for the City.
Project Management
- Monthly invoices
- Monthly status reports in electronic format
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2010 Rate Schedule
Classification Rate
Administrative/Clerical 65
Senior Project Accountant 100
Engineer 110
Cost Estimator 120
Contract Administrator 130
Associate Project Manager 130
Project Manager /Senior Engineer 150
Client Service Manager 175
Senior Technologist 200
Principal-In-Charge 200
Principal Technologist 234
Business Group Manager 250