HomeMy WebLinkAboutChange Order 1 with Quandrant Consultant, Inc. for Ustick Rd Widening Project Design
City of Meridian
Public Works Dept.
RECEIVED
AUG 1 7 2006
Memo
City Of Meridian
City Clerk Office
To: Will Berg; Tara Green
From: Max Jensen, Engineering Technician
CC: Len Grady, P.E., City Engineer
Date: 8/16/2006
Re: Proposed Agenda Item for August 22, 2006 City Council Meeting
The Public Works Department respectfully requests the following item be placed on the
August 22, 2006 City Council agenda, under Consent Agenda, for Council's consideration:
Chanqe Order NO.1 for the East Ustick Road Widenina proiect (desiqn). Additional work is
required for the completion of the East Ustick Road Widening project (design). This change
order consists of the following work and amounts to 25.10% of the design contract:
· Provide record drawings
Quadrant Consulting, Inc. submitted a cost for this change order as summarized below:
.
Quadrant Consulting, Inc.
$3,000.00
Recommended Council Action: The Public Works Department recommends
that City Council approves Change Order No. 1 for the East Ustick Road
Widening project (design) with Quadrant Consulting, Inc for $3,000.00 and
authorize the Mayor to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
this item. Originals will be sent for signature upon review.
. Page 1
WORK AUTHORIZATION
'__I
.. Quadrant
Con sui tin g. Inc.
Date:
August 14. 2006
Nu~ber: '
253-04
Client Name: City of Meridian
Address:
660 E. Watertower. Suite 200
Meric1ian, TO 8:\647.
Billing Address (If different from above):
Telephone:
898-5500
Fax:
898-9256
Client Contact Person:
Mr. Max Jensen
Project Name: Ustick Widening - Sanitary Sewer and Water Improvement Record Drawings
Services to be Performed: Complete as-built topographic survey of sanitary sewer and domestic water
improvements completed during the "Ustick Widening Project" as shown on the approved construction plans
dated June 14,2005. Update the construction plans with as-built information and provide 1 set of full size
Mylar Record Drawings, 3 complete sets, of paper copies, two electronic file in ACAD drawing format, and 1
;.
complete set of record drawings in PDF format. Drawmg submittals to meet Minimum Requirements as established
by the City of Meridian "Acceptance of Record/Electronic Drawmgs" dated June 9, 2006.
Method of Payment: Client agrees to pay Quadrant Consulting for services performed on the basis of:
iJ A lump sum fee of $ 3000.00 0 Other $
o Salary cost times a factor plus incurred expenses as set forth in "Quadrant Consulting Standard Fee
Schedule," attached hereto. Estimated maximum fee $
o Salary CORt times It fl'lctnr pillS incnrred expenses as set forth in "Quadrant Consulting Standard Fee
Schedule," attached hereto, not to exceed $
D For extra work, salary cost times a factor plus incurred expenses as set forth in "Quadrant Consulting
Standard Fee Schedule," attached hereto.
The general understandings applicable to this Work Authorization arc set forth in thc Standard Provisions. attachcd
and are made a part hereof.
This Work Authorization, together with attached. referenced. exhibits, represent the entire understanding between
Client and Quadrant Consulting and can only be modified by duly executed written instrument.
QUADRANT CONSULTING, INC.
Accepted:
By: J.~ -.'J
By:
Title: Principal Title:
-'904 W. Overland · Boise.ID 83705 · Phone (208) 342.0091 · Fax (208) 342-0092 . Email: quadranf@CluOdranf,cc
Civil Engineering · Surveying · Construction Management
. '..1
.. Quadrant
QUADRANT CONSULTING STANDARD PROVISIONS Con sui tin g. Inc.
1. Period of Service: Quadrant Consulting (QC) will commence work within ten days of receipt by QC of the executed Agreement and will proceed with said work in a
diligent manner 10 completion. QC will not be respollllible for delays caused by faclOrs beyond QC's control and will not be respollllible for delays caused by faclOrs which
could not reasonably have been foreseen at the time this Agreement was executed.
2. Terms of Payment: Pees for Services will be billed monthly based on the actual services completed. CLIENT shall make prompt monthly payments in response to
QC's monthly invoices. If CLmNT objects 10 any invoice submitted by QC, CLIENT shall so advise QC in writing, giving reasons therefore, within fourteen days of the
date on said invoice.
If CLIENT fails 10 make any payment due QC for services and expenses within thirty days of the dale on the invoice therefore, the amounts not paid will be considered
past due. A delinquency charge of 1-1/2 % per month shall be added to the past due amount, and in addition, QC may suspend services under this Agreement, without
liability for delay or for cOllllequential or other damages which may result therefrom, upon delivery of written notice of its intention thereof.
If invoices remain outstanding past sixty days, QC shall pursue legal and equitable means to collect the outstanding balance. CLIENT agrees 10 pay all reasonable
attorney's fees, court costs and collection fees incurred by QC in the collection thereof.
3. Payments in Event of Tennination: In the event this Agreement is terminated, QC will be compensated for services performed under this Agreement to the date of
termination in accordance with the above provisions of payments to QC. If this Agreement is terminated by CLIENT, QC will also be compensated for all reasonable costs
, and ~pelllles incurred 10 assemble and close project files and records.
4. Opinions of Cost: Since QC has 00 control over the cost of labor, materials, equipment or services furnished by others, or over contraclOrs' methods of determining
prices, or other competitive bidding or market conditions, QC's opinions of probable Project or construction costs are to be made on the basis ofQC's experience and
qualiflcatiollll and represent QC's judgement as an experienced and qualified professional engineer, familiar with the construction industry; but QC cannot and does not
guarantee that proposals, bids or actual Project or construction costs will not vary from opinions of probable costs prepared by QC. '
5, Standard of PerCormance: QC shall perform its services in accordance with generally accepted standards presently maintained by other practicing professionals
engaged in the same type of work in the general location of the project. QC makes no other warranty. eJtpressed or implied.
6. Construetion and Safety: QC shall not have authority over or responsibility for the means, medlods, techniques, sequences or procedures of conslnlction selected by
ContraClOr(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, regulatiollll,
ordinances, codes or orders applicable to ContraclOr(s) furnishing and performing their work.
7. Reuse of Documents: All documents, including drawings and specifications, prepared by QC pursuant to this Agreement shall remain the property of QC and are
instruments of service in respect of the Project. 1bey are OOt intended or represented 10 be suitable for reuse by CLIENT or others on extensions oC the services provided
for the intended Project or on any other project. Any reuse without written verification or adaptation by QC for the specific purpose intended will be at CLIENT's sole risk
and without liability or legal exposure to QC; and CLIENf shall indenmify and hold harmless QC from all claims, damages, losses and expenses, including attorneys' fees
arising out of or resulting therefrom. Any such verification or adaptation will entitle QC 10 further compensation at rates to be agreed upon by CLIENT and QC.
8. Electronic Media DeUvery: It is recognized that the CLIENT may, from time to time, request the delivery of and receive copies of drawings on computer disks
and/or magnetic tapes. The original discs and/or magnetic tapes will be retained by QC. The information on the electronic media is considered part ofQC's instrument of
service and shall not be used on other projects, for additions to this project, or for completion of this project by aoother design professional except by agreement in writing
and with appropriate compensation 10 QC.
Any such use or reuse by the CLIENT or others, without written veriflcarlon or CADD adaptation by QC for the specific purpose intended will be at the CLIENf's
sole risk and without liability or legal exposure to QC. Furthermore, the CLIENT sball, to the fullest extent permitted by law, indemnify and hold harmless QC from all
claims arising out of or resulting therefrom.
Due to die polenlial dlllllllt: infurmaliun ~tlt forth on tho computer discs ondIor magnetic topes can be modified by the CLIENf, uninrendooolly or otherwise, QC
rcserves the right to fClIlOve all reference 10 Its ownership and/or involvement from each electronic display.
The CLIENT shall be responsible for determining the compatibility ofQC's files with the CLIENT's software. QC makes no warranty as 10 the compatibility of it's
files with the CLIENT's software.
Bec~\Ise data stored On electronic media can deteriorate undetected, the CLIENT agrees lhat QC cannot be held liable for the complctcncs,s or corrcctneas of the
electronic data aflet. lI.nllU;CpWl\:e ~1iuU uf 30 llay~ flOllIlIw llall: uf lldivery of the elccUulllc fIlell.
9, Limitation of UablBty: Any and all liability, claim for damages, cost of defense, or expenses 10 be levied agailllltQC will be limited to a sum not to exceed Fifty
Thousand Dollars ($50.000.00) or the amount oC its fee, whichever is greater. on account of any injury or damage to petllOns or property or arising out of any design
defect, error, omission, Of professional negligence. Further. the CLIENT agrees to notify any contractor or subcontractor who may perform work in Connection with or
making use of any design, report, or study prepared by QC of such limitation ofliability and require as a condition precedent to its performing the work a like limitation of
liability on their part as against QC. In the event the CLIENT fails 10 obtain a like limitation of liability provision as 10 injury or dilIllilgtllO persons or property, design
defects, errors, omissions, or professional negligence, any liability of QC and/or die CLIENT 10 such contraclOr or subcontraclOr arising out of alleged iqjury or damap;e to
persons or property, de'lign defec1ll, errol'll, omissioll'l, or prolessional negligence shall be allocated between the CLIENT and QC in such a manner that the aggregate
liability of QC shall not exceed Fifty Thousand Dollars ($50.000.00) or the amount of its fee, whichever is greater.
10. Tef'mImltlun: Either party may terminate this Agreement at any time upon seven days' prior written ootice to the other.
11. Attorney's Fees and Expenses: In the event suit or action is instinrted 10 enforce any of the terms or conditions of this Agreement, the losing party shall pay to the
prevailing party, in addition to the costs and disbursements allowed by statutes, such sum as the COl.trt may adjudge reasonable as attorney's fees in such suit or action, in
!loth trial COllrl, and appellate courts.
12, Waiver: No waiver of a hreach of any covenant, term or condition of Ihis Agreement shall be a waiver of any other or subsequent breach of the same or any other
covenant, term or condition or a waiver of the covenant, term or condition itself.
13. Controlling Law, Jurisdiction and Venne: This Agreement shall be governed by the laws of the State of Idaho. lutisdiction and venue of any dispute hereunder
shall be in Ada County, State of Idaho.
14. Successors and Assigns: The covenants, agreements and obligations of this Agreement shall ~tend to and be binding upon and inure 10 the benefit of the partners,
heirs. personal representatives and assigns of the parties hereto. Neither CUENT nor QC shall assign. sublet or transfer any rights under or interest in this Agreement
without the written consent of the other. Nothing contained in this paragraph shall prevent QC from employing, with prior written consent of CLIENf, such independent
proCessional associates and consultants as QC may deem appropriate 10 assist in the performance of services hereunder.
QUADRANT CONSULTING, INC.
Initial:",~~ Date;~
CLIENT:
Initial :
Date:
QC WA39S_MAS