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HomeMy WebLinkAboutLiters Pump Station Force Main CITY OF JEFFERSONVILLE PROFESSIONAL ENGINEERING SERVICES AGREEMENT This Agreement, made as of the ,/ - day of 4ut in the year Two Thousand and Thirteen (2013) and between the JEFFERSO VILLE t7ITARY SEWER BOARD, JEFFERSONVILLE, INDIANA (hereinafter called OWNER) and BERNARDIN, LOCHMUELLER AND ASSOCIATES, INC. (hereinafter called CONSTRUCTION ENGINEER). WHEREAS, the OWNER desires to retain the CONSTRUCTION ENGINEER to provide services set forth in Section 2, Scope of Services, for Construction Administration and Resident Construction Representation for the Liters Pump Station Force Main Inspection Project (hereinafter called the PROJECT). NOW, THEREFORE, the OWNER and CONSTRUCTION ENGINEER in consideration of their mutual covenants herein agree with respect to the performance of professional services by CONSTRUCTION ENGINEER and the payment for those services by OWNER, as set forth below. CONSTRUCTION ENGINEER shall serve as OWNER'S professional engineering representative in those segments of the PROJECT to which this Agreement applies and will give consultation and advice to OWNER during the performance of services. SECTION 1- CONSTRUCTION ENGINEER's Responsibility a. The CONSTRUCTION ENGINEER shall provide all professional services as set forth in Section 2, Scope of Services. b. The CONSTRUCTION ENGINEER shall be responsible for the professional quality, technical accuracy, and the coordination of all services furnished by CONSTRUCTION ENGINEER under this Agreement. SECTION 2 - Scope of Services The project to be constructed under a separate contract between the OWNER and a Contractor includes the following features: The construction of the new Liters Pump Station Force Main. Upon execution of this Agreement, the CONSTRUCTION ENGINEER will submit the resumes of the individuals who will be responsible for performing the work identified in this Scope of Services. Upon approval by the OWNER, the representative(s) will be authorized to perform the Scope of Services described in Sections 2.1 through and including 2.6 herein. Approval will not be unreasonably withheld by OWNER. 2.1 Meeting Attendance CONSTRUCTION ENGINEER will attend the first Jeffersonville Sanitary Sewer Board meeting of each month to ensure that effective communication and coordination is being maintained during the construction phase of the PROJECT. It is anticipated that CONSTRUCTION ENGINEER will attend six (6) Board meetings during the PROJECT. JEFFERSONVILLE SANITARY SEWER BOARD Page 1 of 10 212 - 0073 -0WW W:\ACCNTING \CONTRACT\2120073 \CONSTRUCTION AGREEMENT WITH JSSB 120612.DOC 2.2 Construction Administration A. The CONSTRUCTION ENGINEER will perform the following services for the construction period specified in the Contract Documents: i. Conduct a Pre - Construction Conference and monthly on -site meetings with the OWNER'S representative, Department staff, general contractor, pertinent subcontractors, and the Resident Construction Representative to review construction progress, discuss issues, and ensure proper communication and coordination between all parties. ii. Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to CONSTRUCTION ENGINEER, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. iii. Provide consultation and advice on construction matters including periodic visits to the site by the construction coordinator and /or appropriate PROJECT DESIGN ENGINEER to observe the progress and quality of the executed work and to determine if the work is proceeding in general accordance with the Contract Documents. The CONSTRUCTION ENGINEER will consult with and advise OWNER as to the acceptability of substitute materials and equipment proposed by contractor(s) when substitution is permitted by the Contract Documents and approved by the PROJECT DESIGN ENGINEER. Substitutions shall not be made without prior written permission from the OWNER. The CONSTRUCTION ENGINEER will not be responsible for and will not have control or charge of the construction methods or procedures or the safety precautions and programs incident thereto. iv. Review shop drawings, diagrams, illustrations, samples and schedules, the results of tests and inspections, and other data which the contractor is required to submit to demonstrate conformance with the design concept of the PROJECT. As required, the CONSTRUCTION ENGINEER will observe shop, laboratory, or on -site tests of equipment and /or materials related to the submittals described in this Article. CONSTRUCTION ENGINEER will request assistance from the OWNER contracted PROJECT DESIGN ENGINEER for special structures, equipment, telemetry, and other detailed design element submittals and final submittal approval will be by the PROJECT DESIGN ENGINEER. v. Recommend to OWNER that Contractor's Work be rejected while it is in progress if, on the basis of CONSTRUCTION ENGINEER's observations, CONSTRUCTION ENGINEER believes that such Work will not produce a completed PROJECT that conforms generally to the Contract Documents or that it will threaten the integrity of the design concept of the completed PROJECT as a functioning whole as indicated in the Contract Documents. vi. Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. CONSTRUCTION ENGINEER may issue Field Orders authorizing minor variations in the Work from the requirements of the Contract Documents. vii. Recommend Change Orders and Work Change Directives to OWNER, as appropriate, and prepare Change Orders and Work Change Directives as required. viii. Review and recommend to the OWNER progress payments to be made to the construction contractor. JEFFERSONVILLE SANITARY SEWER BOARD Page 2 of 10 212 - 0073 -0WW W:\ACCNTING \CONTRACT\ 2120073 \CONSTRUCTION AGREEMENT WITH JSSB 120612.DOC ix. Furnish a set of reproducible (and digital) record prints of the construction plans, based on prints marked by the contractor, to show those changes made during construction which the CONSTRUCTION ENGINEER considers significant. PROJECT DESIGN ENGINEER to provide original digital files to be utilized by CONSTRUCTION ENGINEER FOR digital record print production. x. Provide prompt written notice to OWNER whenever CONSTRUCTION ENGINEER becomes aware of defects or changed circumstances in the PROJECT. xi. Make a final technical inspection of the PROJECT with the OWNER'S representative. xii. Provide certification as to completion of the PROJECT according to the approved Contract Documents. xiii. Indiana Finance Authority State Revolving Fund Requirements. Provide information to OWNER or coordinate with Contractor to assist OWNER in completing and submitting PROJECT related forms required by the Indiana Finance Authority. but not limited to Information will include, , submittal of certified payrolls, DBE utilization forms, etc. 2.3 Resident Construction Representation The CONSTRUCTION ENGINEER will furnish one resident construction representative, for the time specified in the Contract Documents, who will be directed by the CONSTRUCTION ENGINEER to provide reports on progress of the work and on the contractor's compliance or noncompliance with the Contract terms through on -site observation of the work. The performance of these services shall not make the CONSTRUCTION ENGINEER responsible for the contractor's construction methods or procedures or the safety precautions or programs incident thereto. The Resident Construction Representative will: A. Attend the Pre - Construction Conference and monthly on -site construction progress meetings. B. Coordinate the establishment of the necessary lines and grades which are to be furnished by the construction contractor. C. Visually inspect and approve or reject materials, equipment, and supplies to be delivered to the site of the work. D. Observe the contractor's work with respect to quality, suitability, and conformance with the Contract requirements and provide prompt notice to OWNER of any observed defects or failure on the part of contractor to conform to the Contract requirements. E. Keep records of construction and installation progress as follows i. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, CONSTRUCTION and /or DESIGN ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other PROJECT - related documents. JEFFERSONVILLE SANITARY SEWER BOARD Page 3 of 10 212 - 0073 -0WW W:\ACCNTING \CONTRACT\2120073 \CONSTRUCTION AGREEMENT WITH JSSB 120612.DOC ii. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to CONSTRUCTION ENGINEER. iii. Record names, addresses, fax numbers, e -mail addresses, web site addresses, and telephone numbers of all Contractors, subcontractors, and major suppliers of materials and equipment. iv. Maintain records for use in preparing PROJECT documentation. v. Upon completion of the Work, furnish original set of all RPR PROJECT documentation to CONSTRUCTION ENGINEER. vi. Utilize E- Communication for Construction Administration and RPR documents. F. Make measurements and prepare monthly and final payment computations for work done by the construction contractor. G. Review maintenance and operation instructions and parts lists which the construction contractor submits in compliance with the Contract Documents. H. Receive, process, and handle shop drawings filed at the PROJECT site. I. Assist the OWNER in preparing for inspection and progress reviews by regulatory agencies. J. Review reports of testing laboratories. K. Make a final technical inspection of the PROJECT in company with the OWNER'S representative. SECTION 3 - Additional Services A. If authorized in writing by the OWNER, the CONSTRUCTION ENGINEER will provide additional professional services in connection with the PROJECT as set forth below. Compensation for these services will be negotiated by the OWNER and CONSTRUCTION ENGINEER when written authorization to proceed is given by the OWNER. Additional services include but are not limited to: B. Services due to discretionary changes in the scope of the PROJECT by the OWNER, including but not limited to, change in size, complexity, schedule, or character of construction. This includes an increase in the construction period greater than the time specified in the Contract Documents. C. Revising studies, reports, design documents, drawings, or specifications or portions thereof which are due to causes beyond the control of CONSTRUCTION ENGINEER. D. Preparation of documents for out -of- sequence work requested by OWNER. E. Preparation of detailed renderings, exhibits, or scale models for the PROJECT at the request of the OWNER. F. Providing planning surveys, site evaluations, and comparative studies of prospective sites. JEFFERSONVILLE SANITARY SEWER BOARD Page 4 of 10 212 - 0073 -0WW W:\ACCNTING \CONTRACT\2120073 \CONSTRUCTION AGREEMENT WITH JSSB 120612. DOC G. Providing legal surveys, easements, plats, legal descriptions, and negotiation assistance in OWNER'S procurement of easements and rights -of -way. H. Furnishing additional copies of reports, plans, and specifications over the number set forth in this Agreement. I. Investigations involving detailed consideration of feasibility studies, appraisals and valuations, detailed quantity surveys of material and labor, and material audits or inventories required by OWNER beyond what is normally customary. J. Assistance in obtaining local permits and approvals of authorities having a jurisdiction over the PROJECT, other than permits and approvals from IDEM and agencies of the OWNER. K. Providing design services relating to future facilities, systems, and equipment which are not intended to be constructed or operated as part of the PROJECT. L. Providing services in connection with evaluating, analysis, and rehabilitation of the existing collection system for removal of inflow and infiltration, including, but not limited to, flow monitoring, smoke testing, dye tracing, televising, and cleaning. M. Providing services as an expert witness for OWNER in connection with litigation or other proceedings involving the PROJECT. N. Providing other services not otherwise provided for in this Agreement, including services normally furnished by the OWNER as described in Section 4 herein. SECTION 4 - OWNER'S Responsibilities The OWNER shall: A. Provide full information as to his requirements for the PROJECT. B. Assist CONSTRUCTION ENGINEER by placing at his disposal all available information pertinent to the PROJECT including previous reports and any other data relative to the PROJECT. C. Guarantee access to and make all provisions for CONSTRUCTION ENGINEER to enter upon public and private property as required for CONSTRUCTION ENGINEER to perform his services. D. Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by CONSTRUCTION ENGINEER; obtain advice of an attorney, insurance counselor, and other consultants as OWNER deems appropriate for such examination; and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of CONSTRUCTION ENGINEER. E. Designate in writing an OWNER'S representative with respect to CONSTRUCTION ENGINEER'S services. Such representative shall have complete authority to transmit instructions, receive information, and interpret and define OWNER'S policies and decisions with respect to materials, equipment, elements, and systems pertinent to CONSTRUCTION ENGINEER'S services. JEFFERSONVILLE SANITARY SEWER BOARD Page 5 of 10 212 - 0073 -0WW W:\ACCNTING \CONTRACT\2120073 \CONSTRUCTION AGREEMENT WITH JSSB 120612.DOC F. Give prompt written notice to the CONSTRUCTION ENGINEER whenever OWNER observes or otherwise becomes aware of any defect in the PROJECT, or changed circumstances. G. Furnish, or direct CONSTRUCTION ENGINEER to provide, necessary additional services as stipulated in Section 3 of this Agreement or other services as required. H. Bear all costs incident to compliance with the requirements of this Section 4. I. Provide reports, site survey(s) including property boundaries, easements, rights -of -way, utility locations, property descriptions, zoning, and deed restrictions, all of which CONSTRUCTION ENGINEER may rely upon in performing his services. J. Provide digital plan files from the PROJECT DESIGN ENGINEER for record drawing production. SECTION 5 - Time of Performance A. The provisions of this Section 5 and the various rates of compensation for CONSTRUCTION ENGINEER'S services provided for in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the PROJECT. The duration for completion of construction will be six (6) months following receipt of a formal Notice -to- Proceed. CONSTRUCTION ENGINEER will make every effort to meet the deadlines established by the OWNER. B. Record Drawings and RPR Construction Documentation shall be submitted within sixty (60) days of the later of the construction final completion date or receipt of digital plan files from PROJECT DESIGN ENGINEER. C. Neither the CONSTRUCTION ENGINEER nor the OWNER shall be responsible for any delays in the performance of their services hereunder caused by strikes, action of the elements, act of any government, civil disturbances, acts of construction contractors, litigation, or any other cause beyond their reasonable control or for the expenses or consequences arising from such delays. D. If CONSTRUCTION ENGINEER'S services for the PROJECT are delayed or suspended in whole or in part by OWNER or governmental authorities for more than six months for reasons beyond CONSTRUCTION ENGINEER'S control, the payments and various rates of compensation provided for in Section 6 shall be subject to renegotiation. SECTION 6 - Payment to Construction Engineer The OWNER shall pay the CONSTRUCTION ENGINEER in accordance with the provisions of this Section 6. For the Scope of Services in Section 2, the OWNER shall pay the CONSTRUCTION ENGINEER a total fee Not -To- Exceed an amount of One Hundred Thousand Dollars ($100,000.00). The anticipated approximate distribution of fees by services provided shall be as follows: Construction Administration $10,000.00 Inspection $86,000.00 Record Drawings $4,000.00 JEFFERSONVILLE SANITARY SEWER BOARD Page 6 of 10 212 - 0073 -0WW W:\ACCNTING \CONTRACT\2120073 \CONSTRUCTION AGREEMENT WITH 1SSR 120612.DOC The CONSTRUCTION ENGINEER shall be paid on an hourly and reimbursable expense rate basis. Invoices shall be submitted to the OWNER periodically, but not more often than monthly, and shall reflect charges in accordance with the services provided and the rates set forth below: Manager of Water Resources $170.00 per hour Project Engineer III $135.00 per hour Project Engineer I $110.00 per hour Resident Construction Representative $80.00 per hour (regular time) $100.00 per hour (overtime) Reimbursable Mileage Rate $0.50 /mile SECTION 7 - General Payment Procedures A. OWNER shall make payment for services within thirty (30) days of receipt of a valid invoice. B. If OWNER fails to make payment due CONSTRUCTION ENGINEER for services within forty -five (45) days after receipt of CONSTRUCTION ENGINEER'S invoice, the amounts due CONSTRUCTION ENGINEER shall include a charge at the rate of 1% per month from said forty -fifth day and, in addition, CONSTRUCTION ENGINEER may, after giving thirty (30) days' written notice to OWNER, suspend services under this Agreement until receipt of payment in full of all amounts due for services and expenses. C. Additional services such as those referred to in Section 3 shall be paid for in accordance with negotiated amendments. SECTION 8 - General Provisions Changes The OWNER may, at any time by written order, make changes within the general scope of the Agreement in the services remaining to be provided. If such changes cause an increase or decrease in CONSTRUCTION ENGINEER'S cost of, or time required for, performance of any services, whether or not changed by any order, an equitable adjustment shall be made and the Agreement shall be modified in writing accordingly. If findings (due to no fault of the CONSTRUCTION ENGINEER) in any segment of this PROJECT significantly alter the scope of work for subsequent segments, or if state or federal agencies issue regulations resulting in a scope of work change for any phase, engineering fees set forth in Section 6 will be renegotiated by the OWNER and CONSTRUCTION ENGINEER. Re -Use of Documents All documents furnished by CONSTRUCTION ENGINEER pursuant to this Agreement are instruments of his services with respect to the PROJECT. They are not intended or represented to be suitable for re -use by OWNER or others on extensions of the PROJECT or on any other project. Any re -use without specific written authorization by CONSTRUCTION ENGINEER will be at OWNER'S sole risk and without liability or legal exposure to CONSTRUCTION ENGINEER, and OWNER shall indemnify and hold harmless JEFFERSONVILLE SANITARY SEWER BOARD Page 7 of 10 212 - 0073 -0WW W:\ACCNTING \CONTRACT\2120073 \CONSTRUCTION AGREEMENT WITH JSSB 120612.DOC CONSTRUCTION ENGINEER from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. CONSTRUCTION ENGINEER's Personnel at Construction Site The presence or duties of the CONSTRUCTION ENGINEER's personnel at a construction site, whether as onsite representatives or otherwise, do not make the CONSTRUCTION ENGINEER or the CONSTRUCTION ENGINEER's personnel in any way responsible for those duties that belong to OWNER and /or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction contract documents and any health or safety precautions required by such construction work. The CONSTRUCTION ENGINEER and the CONSTRUCTION ENGINEER's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the construction contractor(s) or other entity or any other persons at the site except the CONSTRUCTION ENGINEER'S own personnel. The presence of the CONSTRUCTION ENGINEER's personnel at a construction site is for the purpose of providing to OWNER a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). The CONSTRUCTION ENGINEER neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. For this Agreement only, construction sites include places of manufacture for materials incorporated into the construction work, and construction contractors include manufacturers of materials incorporated into the construction work. Indemnification The CONSTRUCTION ENGINEER shall indemnify the OWNER from any reasonable damages caused solely by the negligent act, error, or omission of the CONSTRUCTION ENGINEER in the performance of services under the Project. If such damage results in part by the negligence of another party, The CONSTRUCTION ENGINEER shall be liable only to the extent of their proportional negligence. Insurance The OWNER and CONSTRUCTION ENGINEER agree that a contingency fund will be established for each construction project to pay for miscellaneous changes during construction or inadvertent discrepancies in the contract documents. The CONSTRUCTION ENGINEER will maintain the following insurance and coverage limits during the period of service. The OWNER will be named as an additional insured on the Commercial General Liability and Automobile Liability policies. JEFFERSONVILLE SANITARY SEWER BOARD Page 8 of 10 212 - 0073 -0WW W:\ACCNTING \CONTRACT\2120073 \CONSTRUCTION AGREEMENT WITH JSSB 120612.DOC Worker's Compensation $500,000 per Accident and $500,000 Policy Limit Commercial General $1,000,000 per Occurrence (bodily injury including death & property Liability damage) $2,000,000 aggregate Automobile Liability $1,000,000 combined single limit for bodily injury and property damage Professional Liability $1,000,000 each claim and in the aggregate Successor and Assigns OWNER and CONSTRUCTION ENGINEER each binds himself and his partners, successors, executors, administrators, and assigns to the other party of this Agreement and to the partners, successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither OWNER nor CONSTRUCTION ENGINEER shall assign, sublet, or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than OWNER and CONSTRUCTION ENGINEER. Termination The OWNER or CONSTRUCTION ENGINEER may terminate services on the Project upon thirty (30) days written notice with or without cause. The CONSTRUCTION ENGINEER shall submit an invoice for services performed up to the effective date of termination and the OWNER shall pay CONSTRUCTION ENGINEER all outstanding invoices within fourteen (14) days. The OWNER may withhold an amount for services that may be in dispute provided that the OWNER furnishes a written notice of the basis for their dispute and that the amount withheld represents a reasonable value. JEFFERSONVILLE SANITARY SEWER BOARD Page 9 of 10 212 - 0073 -0WW W:\ACCNTING \CONTRACT\2120073 \CONSTRUCTION AGREEMENT WITH JSSB 120612.DOC IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. OWNER: CONSTRUCTION ENGINEER: Jeffersonville Sanitary Sewer Board Bernardin, Lochmueller and Associates, Inc. 500 Quartermaster Cour 61 Quartermaster Court Jeffersonville, Indiana 1, 0 Jeffersonville, Indiana 47130 812 - 285 -6400 812- 725 -7900 C By LA- kip : Mayor Mike oore, President Carl D. Camacho, Managing Director By By 3 //(t76 ? Dale L. Orem, Member Mark L. Harrison Director of Water /Wastewater Services By: ,1._,_./ •4/14-ki, William A. Saegesser, P.E., ; i.S., Member i/Z/ti Date Date JEFFERSONVILLE SANITARY SEWER BOARD Page 10 of 10 212- 0073 -0WW W:\ACCNTING \CONTRACT\2120073 \CONSTRUCTION AGREEMENT WITH 1SSB 120612.DOC