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HomeMy WebLinkAboutProfessional Service Agreement with Civil Survey Consultants for Eagle Rd Waterline To; Tammy de Weerd, Mayor From; Lenard Grady CC: Date: 11/8/2005 '.J j II h/I i~.~ F? I D 1/\ 1\' r:: (~) :>:0- Re: Signature on Contract Documents .r-- ~'~_. ~- 1 (....~ r I am enclosing documents for signature as summarized below: · Eagle Road Waterline Abadonment with Civil Survey approved by council on 9/28/2005 (1 copy). · Reuse Study with Civil Survey approved by council on 6/7/2005 (1 copy). · Bittercreek MOU approved by council on 10/4/2005 (1 copy) Please return the originals to me. Thank you, Len II) Page 1 From the desk of... Lenard Grady Staff Engineer Meridian Public Works Deparbnent 660 E. Watertower, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 887-1297 gradvl{ii!meridiancitv.org CIVIL SURVEY CONSULTANTS, INC. AGREEMENT FOR PROFESSIONAL SERVICES Project No. 05022 THIS AGREEMENT between THE CITY OF MERlDIAN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY CONSULTANTS, INC., an Idaho Corporation, hereinafter referred to as "CSC" is made and entered into this _day of , 2005. The CLIENT and CSC in consideration of their mutual covenants herein agree as set forth below. The Client desires to evaluate elimination of irrigation demands from the potable water system, the availablility of alternative sources of irrigation water, and the feasibility of developing a separate municipal pressure irrigation system, hereinafter referred to as the PROJECT. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to CSC a full and complete description of the PROJECT including; all design criteria, information as to CLIENT's requirements for the PROJECT, design objectives and constraints, capacity and perfonnance requirements, flexibility and expandability needs, any budgetary limitations, and copies of all design and construction standards which CLIENT will require to be incorporated in the Drawings and Specifications. The CLIENT will also provide to CSC all associated project information including data prepared by others; soil borings, probings and subsurface explorations; hydrographic surveys; laboratory tests and inspection reports of samples, materials and equipment; studies and interpretations of all environmental assessment and impact statements; surveys of record; property descriptions; zoning, deed and other land use restrictions; title reports; other special data or consultations as may be available; all of which CSC may use and rely upon in performing services under this Agreement. The CLIENT will obtain permission for CSC to enter upon public and private property as required for CSC to perform services under this Agreement. SERVICES TO BE PERFORMED BY CSC CSC will provide services as outlined in the attached letter dated May 27,2005. BASIS OF FEE AND BILLING SCHEDULE The Client will pay CSC for services provided under this Agreement per the attached letter dated May 27, 2005. Notice to Proceed, either verbal or written, shall constitute acceptance of this Agreement by the CLIENT. THE TERMS AND CONDITIONS ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. NAME: TITLE: Civil Survey Consultants, Inc. 100 South Adkins Way, Suite 101 Meridian, Id~ BY: r;J/( /4 Timothy A. Burgess, Vice President NAME: TITLE: WQ-05022 1 of 3 5/27/05 CIVIL SURVEY CONSULTANTS, INC. TERMS AND CONDITIONS GENERAL - CSC shall provide for CLIENT professional engineering and/or land surveying services for the Project described in this Agreement. These services will be performed in accordance with generally accepted professional practices for the intended use of the project. CSC makes no other warranty either expressed or implied. CSC shall not be responsible for acts or omissions of any party involved in the Project other than their own. CSC shall not be responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by CSc. CSC has not been retained to supervise, direct or have control over Contractor's work. CSC specifically does not have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. Accordingly, CSC can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor(s) failure to furnish and perform their work in accordance with the Contract Documents. The CLIENT understands and agrees that subsurface and soils characteristics may vary greatly between successive test points and sample intervals. CSC will coordinate this work in accordance with generally accepted practice of the professional services being provided and makes no other warranties expressed or implied or as to the professional advice furnished by professionals providing soils testing or geotechnical advice. Resetting of survey and/or construction stakes shall constitute extra work and shall be paid for on a time and material basis in addition to any other payment provided in this Agreement. OPINIONS OF COST - CSc may be asked to provide opinions of construction or PROJECT costs as part of the professional services under this Agreement. The CLIENT understands and agrees that CSC has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s)' methods of determining prices, or over competitive bidding or market conditions. The CLIENT understands that CSC opinions of cost are based on CSC experience and represents CSC's judgment based on that experience, but CSC does not guarantee or warranty that either quotes, bids or estimates prepared by contractors, subcontractors or other will not deviate from opinions prepared by CSC. The CLIENT agrees to employ an independent cost estimator if the CLIENT desires additional assurance, warranty or guarantee of PROJECT costs. Should the CLIENT request that CSC modify any PROJECT aspect to reduce construction costs, then those services shall be considered additional and beyond the scope of this Agreement unless specifically stated otherwise in this Agreement. REUSE OF DOCUMENTS - CSC shall retain an ownership interest of all professional products prepared by CSC. The CLIENT agrees that no product will be reused without specific written permission of CSC. The CLIENT agrees to indemnify and hold CSC harmless from any claims, damages, losses and expenses arising from unauthorized reuse of all work products prepared by CSC for the PROJECT. GOVERNING LAW - Unless otherwise provided in an addendum, the law of the State of Idaho will govern the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement. SUCCESSORS AND ASSIGNS - CLIENT and CSC each is hereby bound and the partners, successors, executors, administrators and legal representatives of CLIENT and CSC are likewise bound to the other party to this Agreement, in respect of all covenants, agreements and obligations of this Agreement. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than CLIENT and CSC, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT and CSC and not for the benefit of any other party. TIMES OF PAYMENTS - CSC shall .submit monthly statements for services rendered and for Reimbursable Expenses incurred. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment due CSC for services and WQ-05022 2 of 3 5/27/05 expenses within thirty (30) days after receipt of CSC's statement therefor, the amounts due CSC will be increased at the rate of 1.5% per month from said tenth day, and in addition, CSC may, after giving ten days' written notice to CLIENT, suspend services under this Agreement until CSC has been paid in full all amounts due for services, expenses and charges. TERMINATION - The obligation to provide further services under this Agreement may be tenninated by either party upon thirty days' written notice. Such termination shall be based upon substantial lack of performance by the other party under the terms and conditions ofthis Agreement when said substantial lack of performance is through no fault ofthe terminating party. If this Agreement is terminated by either party, cSC shall be paid for services rendered and for reimbursable expenses incurred to the date of such termination. HAZARDOUS WASTE AND ASBESTOS - The CLIENT and CSC agree that the work covered in this Agreement does not anticipate either the presence or remediation of hazardous waste and/or asbestos. Hazardous materials may exist where there is not reason to believe they should be present. CSC and the CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CSC and the CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CSC to take immediate measures to protect human health and safety, and/or the environment. CSC agrees to notify the CLIENT as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The CLIENT encourages cSC to take any and all measures that in CSC's professional opinion are justified to preserve and protect the health and safety of CSC's personnel and the public, and/or the environment, and the CLIENT agrees to compensate CSC for the additional cost of such work. In addition, the CLIENT waives any claim against CSC, and agrees to indemnify, defend and hold CSC hannless from any claim or liability for injury or loss arising from esC's encountering unanticipated hazardous materials or suspected hazardous materials. The CLIENT also agrees to compensate CSC for any time spent and expenses incurred by CSC in defense of any such claim, with such compensation to be based upon cSC's prevailing fee schedule and expense reimbursement policy. DISPUTE RESOLUTION - All claims, disputes or controversies arising out of, or in relation to the interpretation, application or enforcement of this Agreement shall be decided through non-binding mediation or other mutually agreed alternative dispute resolution technique. The CLIENT and CSC agree non-binding mediation or other mutually acceptable alternative dispute resolution technique shall precede litigation or recourse to other judicial forums. RECOVERY OF DISPUTE RESOLUTION COSTS - In the event that legal action is brought by either party against the other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other judgments or settlement sums, if any, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by the prevailing party and those in his or her employ in researching the issues in questions, discussing matters with attorneys and others, preparing for depositions, responding to interrogatories, and so on. The value oftime spent and the expenses incurred shall, on CSC's part, be computed based upon CSC's prevailing fee schedule and expense reimbursement policy relative to the recovery of direct project costs. EXTENT OF AGREEMENT - This Agreement represents the entire and integrated agreement between the CLIENT and CSC and supersedes all prior negotiations, representations or agreements, written or oral. The Agreement may be amended only by written instrument signed by both CLIENT and CSC. WO-05022 3 of 3 5/27/05 Glenn K. Bennett, P.L.S. President Civil Survey Consultants, Inc. 100 South Adkins Way Suite 10 I Meridian, Idaho 83642 (208)8884312 Fax 888.0323 Timothy A Burgess, r.E. Vice President May 27,2005 Len Grady City of Meridian 660 E. Watertower Meridian,ID 83642 Re: Municipal In'igation I WWTP Effluent Reuse Dear Len: Thank you for considering Civil Survey Consultants to provide professional services to evaluate the possibility of reusing reclaimed wastewater effluent for municipal irrigation purposes. We propose to provide these services based upon the following scope of services: Municipal irrigation is a significant demand on Meridian's potable water system. Elimination of the irrigation demand can significantly increase the potable water system capacity without adding new wells and other infrastructure. Recognizing this, the City of Meridian desires to evaluate alternative sources of irrigation water including surface water and reclaimed wastewater effluent from the municipal wastewater treatment facility. Civil Survey Consultants will review current water quality data for effluent discharged from the existing municipal wastewater treatment facility as it relates to the newly adopted regulations regarding the re-use of reclaimed municipal wastewater effluent for municipal irrigation. We will provide a opinion as to whether the effluent as currently produced by the treatment plant meets either Class A or Class B re-use requirements. If the effluent produced is not of a re-use quality we will provide a listing of the requirements that must be met to achieve either Class A or Class B quality. Civil Survey Consultants will conduct a preliminary review of the area surrounding the treatment facility to detennine what opportunities exist for re-use of either Class A or Class B effluent. If reuse opportunities exist, we will prepare a concept and a preliminary estimate of cost to proceed with reuse. Our work product for this effort will be a letter report to the City of Meridian summarizing the results of our investigation. Evaluation of water rights is not included in this scope of services. The City of Meridian will provide water quality testing reports for the effluent from the municipal wastewater treatment facility as well as any available mapping for the area around the treatment facility regarding existing and proposed development and separate pressure irrigation systems. Grady May 27,2005 Page 2 of2 We propose to provide the professional services as outlined above on a time and materials basis at the hourly rates shown on the attached rate schedule with a not to exceed amount of$5,000.00 without prior approval of the City of Meridian. If the proposed scope of services and fee estimates are acceptable, please sign and return one copy ofthe enclosed Agreement for Professional Services. Again, thank you for considering Civil Survey Consultants for this project. Sincerely>'- if~ Tim Burgess, P .E. Vice President Ene. Glenn K. Bennett, P.L.S. President Timothy A. Burgess, P.E. Vi ce President Labor: Civil Survey Consultants, Inc. 100 South Adkins Way Suite 10] Meridian, Idaho 83642 (208) 888-4312 Fax 888-0323 CIVIL SURVEY CONSULTANTS PREVAILING FEE SCHEDULE EFFECTIVE OCTOBER 1, 2004 Project Manager Chief of Surveys Project Engineer Design Engineer 1 Design Engineer 2 Design/Survey Technician 1 Design/Survey Technician 2 Direct Expenses: GPS Vehicle 2- Wheel Drive Vehicle 4-Wheel Drive Outside Printing Long Distance Telephone Sub-Consultants - $ 100.00 per hour . - $ 100.00 per hour - $ 85.00 per hour - $ 75.00 per hour - $ 70.00 per hour - $ 65.00 per hour - $ 60.00 per hour - $ 40.00 per hour - $ No Charge - $ No Charge - $ Cost - $ Cost - $ Cost Civil Survey Consultants reserves the right to change or modify this fee schedule at any time subject to approval of the client.