HomeMy WebLinkAboutProfessional Service Agreement with Civil Survey Consultants, Inc. for ACHD Locust Grove Franklin to Fairview Project
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CIVIL SURVEY CONSULTANTS, INC.
AGREEMENT FOR PROFESSIONAL SERVICES
Project No. 06042
THIS AGREEMENT between THE CITY OF MERIDIAN, hereinafter referred to as the "CLIENT" and CTVlT. SURVEY
CONSULTANTS, INC., an Idaho Corporation, hereinafter referred to as "CSC" is made and entered into this 7/ day of
OCr7?17.JLiC:- , 2006. The CLIENT and CSC in consideration of their mutual covenants
herein agree as set forth below.
The Client intends to construct sanitary sewer mains, potable water mains, service lines and appurtenances in Locust Grove
Road from Franklin Road to Fairview Avenue as part of ACHD's rebuild of Locust Grove Road, Project No. 503021 RD054,
hereinafter referred to as the PROJECT.
CLIENT INFORMATION AND RESPONSIBILITIES
The CLIENT will provide to CSC a full and complete description ofthe PROJECT including; all design criteria, information
as to CLIENT's requirements for the PROJECT, design objectives and constraints, capacity and perfonnance requirements,
t1exibility 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 perfonn
services under this Agreement.
SERVICES TO BE PERFORMED BY CSC
CSC will provide construction staking services as necessary to construct the improvements. Construction staking will be
coordinated for the project through ACHD by their project inspector.
BASIS OF fEE AND BILLING SCHEDULE
The Client will pay CSC for services provided under this Agreement on a time and materials basis with a not to exceed
amount of $10,000.00 without prior approval of the City of Meridian.
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, tbe parties hereto have executed this Agreement as of the day and year first
above written.
NAME:
Civil Survey Consultants, Inc.
14~OE. W tertower Street, Suite 100
Meridi 0 83642 r<: _ /?
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...._:: -\ll~kl"'>' U lenn K. Bennett, IJreSldent
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TITLE: (.//,/v?vIC-\"7!, ~.~;'/U,:
APPROVED BY CITY COUNCIL: I tJ-;.; <"\<rr.J:::.,<<
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City of Meridian
33 E. Idaho Avenue
Meridian, ldaho 83 .
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NAME:
TITLE:
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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 ofthe project. CSC makes no other warranty either expressed or implied.
CSC shall not be responsible for acts or omissions of any pmty involved in th~ Proj~ct uth~r thall theil 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 ovcr or responsibility for the means, methods, techniques, sequences or procedlU"es of construction ~elected by
Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failme 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 perfonnance of the constTuction contracts by Cuntractur(s) 1101 assume
responsibility for Contractor(s) failure to furnish and perfonn 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
servic~s b~illg provided and makes no othcr wurruntics 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 furnish~d 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 assmance, 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 sp~ci[jcally 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 thc 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 ur any utb~r 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 uf <111 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 suk aud exclusive
benefit of CLiENT and CSC and not for the benefit of any other pmty.
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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
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.
TERMINA TION - The obligation to provide further services under this Agreement may be terminated by either party upon
thirty days' written notice. Such termination shall be based upon substantial lack or performance by the other party under the
terms and conditions of this Agreement when said substantial1ack of performance is through no fault of the 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 tennination of services. CSC and
the CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CSC to take
inirnediate 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 allY and all measures that in CSC's professional opinion are justified to preserve and protect
the health and safety of CSC's personnel and thc 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 indenmify, defend
and hold CSC harinless from any claim or liability for injury or loss arising from CSC's encountering unanticipated hazardous
materials or suspected hazardous materials. The CLiENT also agrees to compensate CSC tor 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 enforcemeilt of this Agreement shall be uecided 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 of time 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 CLlENT and CSc.
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Glenn K. Bennett, P.L.S.
President
Timothy A. Burgess, P.E.
Vice President
Labor:
Civil Survey Consultants, Inc.
1400 E. Watertower Street
Suite 100
MeridillH, Id8ho RiM?
(208)888-4312
Fax 888-0323
ClVIL SURVEY CONSULTANTS
PREVAILING FEE SCHEDULE
EFFECTIVE OCTOBER 1, 2005
Project Manager
Chief of Surveys
Project Engineer
Land Surveyor
Design Engineer
Design Engineer 2
Design/Survey Tcchniciun 1
Design/Survey Technician 2
- $ 100.00 per hour
- $ 100.00 per hour
- $ 85.00 per hour
- $ 75.00 per hour
- $ 75.00 per hour
- $ 70.00 per hour
$ 65.00 per hour
- $ 60.00 per hour
Direct Expenses:
GPS - $ 40.00 per hour
Vehicle 2-WlIt:d Drivt;: - $ No Charge
Vehicle 4cWheel Drive - $ No Charge
Outside Printing - $ Cost
Long Distance Telephone - $ Cost
Sub-Consultants - $ Cost