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HomeMy WebLinkAboutCSO Interceptor Project peer review CITY OF JEFFERSONVILLE AND COMMONWEALTH ENGINEERS, INC. CSO INTERCEPTOR PROJECT PEER REVIEW / VALUE ENGINEERING This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Prepared by 1-4'4,,J CD C ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by w AC E of 1 :4 1 1i ,�+t,"�,5 t».1E(A� N hew C. f UA Tr I{.S I jr +v,tp 4 AMERICAN COUNCIL OF k.NGINSERING C.oMr'A::IES QmAll ' People. Qu i ty (Toot iN, ''io.eV AWL' American Society National Society of Professional Engineers of Civil Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS EJCDC E -520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of Aid , 2013 ( "Effective Date ") between the City of Jeffersonville by and through its Sanitary Sewer Board ( "Owner ") and Commonwealth Engineers, Inc. ( "Engineer "). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: CSO Interceptor Project — Peer Review / Value Engineering ( "Project "). Engineer's Services under this Agreement are generally identified as follows: As described in the attached Scope of Work Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period of Service A. Engineer shall provide, or cause to be provided, the services set forth in this Agreement. If authorized by Owner, or if required because of changes in the Project, Engineer shall furnish services in addition to those set forth above. Owner shall pay Engineer for its services as set forth in Paragraphs 7.01 and 7.02. B. Engineer shall complete its services within a reasonable time, or within the following specific time period: Work shall be performed as required by Owner based upon the CSO Interceptor Project Design Schedule. C. ' -'- •- - - - - -._•- - - - - . • : - • : - -- - -: ing months. If the actual time to complete construction exceeds the appropriately adjusted. 2.01 Payment Procedures A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. If Owner fails to make any payment due Engineer for services and expenses within 30 45 EJCDC E -520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 Agreement and all reimbursable expenses incurred through the effective date of termination. A. Termination for Convenience. The OWNER and CONSULTANT may terminate services on the Project upon thirty (30) days written notice with or without cause. The CONSULTANT shall submit an invoice for services performed up to the effective date of termination and the OWNER shall . a CONSULTANT all outstandin • invoices within fourteen 14 da s. The OWNER ma 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. 4.01 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 5.01 General Considerations A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. Subject to the foregoing standard of care, Engineer and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety EJCDC E -520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 Consultant will maintain insurance coverage for Professional, Comprehensive General, Automobile, Worker's Compensation and Employer's Liability in amounts in accordance with legal, and Consultant business requirements. Certificates evidencing such coverage will be provided to Owner upon request. For projects involving construction, Owner agrees to require its construction contractor, if any, to include Consultant as an additional insured on its commercial • eneral liabilit . olic relatin • to the Pro' ect and such covera • es shall be primary Consultant shall 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. Worker's Compensation $500,000 per Accident and $500,000 Policy Limit. Commercial General Liability $1,000,000 per Occurrence (bodily injury including death & property damage) $2,000,000 aggregate. Automobile Liability $1,000,000 each claim and in the aggregate. Professional Liability $1,000,000 each claim and in the aggregate. I. The parties acknowledge that Engineer's scope of services does not include any services related to a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste as defined by the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § §9601 et seq., or radioactive materials). If Engineer or any other party encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. J. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. 6.01 Total Agreement A. This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. 7.01 Basis of Payment — Hourly Rates Plus Reimbursable Expenses A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. An amount equal to the cumulative hours charged to the Project by each class of Engineer's employees times standard hourly rates for each applicable billing class for all services EJCDC E -520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 Attachments: • Appendix 1, Engineer's Standard Hourly Rates • Attachment ,Certificate of No Investment Activities in Iran • Attachment, E- Verify Affidavit • Attachment, Scope of Work. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. OWNER: / ENGINEER: CITY OF JEFFEN SON ILLE COMMONWEALTH ENGINEERS, INC. SANITARY E •- OARD / By: / By: `t Mike Moor- Albert C. Tong, P.E. Title: President Title: Vice President g� � Signed: 0 Date Signed: Date Si ned: 3 �" � ' k3 Engineer License or Firm's Certificate Number: 10201336 State of: Indiana Attest: Attest By: By: Vickie Conlin Conlin Title: Clerk Title: e5 r/a-dt---1 Address for giving notices: Address for giving notices: 500 Quartermaster Court, Suite 250 7256 Company Drive Jeffersonville, IN 47130 Indianapolis, IN 46237 EJCDC E -520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 -- .. ■ern E JCDC. .. . ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE This is Appendix 1, Engineer's Standard Hourly Rates, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated , 2013. Engineer's Standard Hourly Rates A. Standard Hourly Rates: 1. Standard Hourly Rates are set forth in this Appendix 1 and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non - project operating costs, and operating margin or profit. 2. The Standard Hourly Rates apply only as specified in Paragraphs 7.01 and 7.02, and are subject to annual review and adjustment. B. Schedule of Hourly Rates: Hourly rates for services performed on or after the Effective Date are attached thereto: CERTIFICATE OF NO INVESTMENT ACTIVITIES IN IRAN (IC 5 -22- 16.5 -13) 1. Indiana Code. Reference is hereby made to Indiana Code 5 -22 -16.5 (the "Code "), specifically to Section 5 -22- 16.5 -13 of the Code. Terms used herein, not otherwise defined herein, shall have the meanings ascribed to them in the Code. 2. Contract. Reference is hereby made to that certain Agreement between Owner and Engineer for Professional Services (Stipulated Price), by and between Commonwealth Engineers, Inc., ( "Engineer ") and City of Jeffersonville, Indiana a Governmental Body ( "Owner ") respecting that certain project known as CEO Interceptor Project — Peer Review / Value Engineering (the "Project "). 3. Certification. Pursuant to Section 5 -22- 16.5 -13(b) of the Code, Engineer hereby certifies to Owner that Engineer is not engaged in Investment Activities in Iran. 4. Contract File. Pursuant to Section 5 -22- 16.5 -13(c) of the Code, this Certificate shall be placed in the Contract File for the Project. In Witness Whereof, Engineer has executed this Certificate as of '4 .40 , 2013. COMMONWEALTH ENGINEERS, INC. (Engineer) By: (Signature) Printed Name: Albert C. Stong, P.E. Title: Vice President STATE OF INDIANA SS: COUNTY OF MARION Subscribed and sworn to before me this day of A-41. g4 , 2013. My commission expires: 8/3/19 (Signed d jjji • Residing in Johnson County Printed Name: Sherrie E. Hamilton State of Indiana SHERRIE E HAMILTON .s z Notary Public, State of Indiana *;•NO,Aa•;�c Johnson County sEgv Commission # 628440 � •• My Commission Expires 44,00 Au ust 03, 2019 E- Verify Affidavit Pursuant to Indiana Code 22- 5- 1.7 -11, the Engineer entering into a contract with the Owner is required to enroll in and verify the work eligibility status of all its newly hired employees through the E- Verify program. The Engineer is not required to verify the work eligibility status of all its newly hired employees through the E- Verify program if the E- Verify program no longer exists. The undersigned, on behalf of the Engineer, being first duly sworn, deposes and states that the Engineer does not knowingly employ an unauthorized alien. The undersigned further affirms that, prior to entering into its contract with the Owner, the undersigned Engineer has enrolled in and agrees to verify the work eligibility status of all its newly hired employees through the E- Verify program. Engineer: Commonwealth Engineers, Inc. By (Written Signature): Printed Name: Albert C. Stong, P.E. Title: Vice President Important - Notary Signature and Seal Required in the Space Below STATE OF INDIANA SS: COUNTY OF MARION Subscribed and sworn to before me this day of , 2013. My commission expires: 8/3/19 (Signed) Residing in Johnson County Printed Name: Sherrie E. Hamilton State of Indiana SCOPE OF WORK Task 1: Review Hydraulic Model (Duration = 1 Week) As pa rt of the value engineering efforts for the City of Jeffersonville, it is recommended that the hydraulic model's assumptions be independently checked to verify alternative sizing of proposed infrastructure. For example, the proposed infrastructure is directly upstream of regulators along the Ohio River (some of which contain CSO pump stations that are utilized during high river stages), whereby river boundary conditions can have a dramatic effect on infrastructure sizing. In addition, there is value in ensuring that assumptions made when calibrating and modeling alternatives are reasonable to validate that the proposed infrastructure is not under or oversized. 1.1 Obtain existing calibrated model (SWMM5), gauged metering files, reiver level data during metering, and record drawings of the regulators. Collectively use this information to assess assumptions. (Duration = 1 - 1/2 days). 1.2 Obtain existing alternative model (SWMMS) to assess assumptions of sizing infrastructure. (Duration = 1 day) 1.3 Correspond with City's modeler to assist with understanding of assumptions. (1/2 Day) 1.4 Assemble a technical memorandum containing a summary of assumptions. (Duration = 1 Days) Task 2: Meeting Preparation (Duration = 1 week) 2.1 The purpose of meeting preparation is to review the plans to obtain a basic understanding of what is being proposed, and to bring to mind what concepts may be valuable to consider during the Peer Review /Value Engineering Workshop. The Owner will provide the plans for review, along with the design concepts for us to review. It is anticipated that each member of the Peer Review /Value Engineering team will spend 12 hours in this activity, except for the modeling engineer, who will have performed this activity in Task 1. Task 3: Peer Review /Value Engineering Workshop (Duration = 3 - 1/2 days) The purpose of the peer review /value engineering (PRVE) workshop is to consider the proposed design, and determine if there are changes that could be made to more cost effectively achieve the project's design objectives. The workshop proposed brings qualified professionals together at the project site so that interaction with the Owner and Design Team can take place, so the project site can be seen firsthand, and to keep all members of the Peer Review /Value 3.2 Function Analysis The proposed design will be evaluated based upon proposed hydraulic goals of the project versus what the project is able to accomplish. This will be done on the overall design and also smaller components. The PRVE team will consider proposed connections of the CSO system and flood control system for any issues that may arise from this. Any deficiencies in design concept of what the project must do versus what it will be able to do will be identified. Another item to be considered with respect to design objective components is if there may be some other way of achieving the same objective, but, to do so in a more economical fashion. 3.3 Creative Analysis Phase This analysis is basically a brainstorming session orchestrated by the PRVE facilitator. The idea is to generate as many ideas as possible to either correct any identified lack of functionality, or to save money on components to accomplish the necessary functionality. The ideas will be listed on a chalkboard in a classroom type setting. All possible ideas will be solicited, even if they at first may seem outside the norm. Once the flow of ideas is exhausted, the PRVE team will select ideas that seem to have potential merit. 3.4 Analytical Phase This phase further weeds out alternatives with a questioning process, with remaining alternatives left to be further considered. Questions to be used include; • Does the idea make sense? • Will it have a functionality benefit • Can it potentially be constructed for less cost than what is currently proposed • Are there any other benefits, such as schedule benefits, aesthetic benefits, ease of operations, less noticeable construction techniques, environmental benefits etc. • Are there any negative side effects. The PRVE team will be in Jeffersonville, but will call on resources outside of the team. Access to the Internet will be provided for the team. The team will also exercise access to their respective company resources via telephone and the internet. This way ideas can be researched, costs better ascertained, and any issue further defined. 3.5 Development Phase In this phase, the remaining alternatives for a possibly better project will be further developed. This will include sketching up these so that the ideas can be shared. Standardized forms will be used so that an equal evaluation of alternatives can be made not only for the PRVE team, but the Owner and the design team. The forms will present what component of the design the alternative would replace or improve functionality status of