HomeMy WebLinkAboutProfessional Service Agreement with Six Mile Engineering, LLC for Engineering ConsultingAGREEMENT
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT, made this ~~ day of /~[~t/~h/G~ti , 2007, by and
between the City of Meridian, a municipal corporation organized under the laws of the State of
Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642,
Meridian Development Corporation, hereinafter referred to as "MDC", 33 East Idaho Avenue,
Meridian, Idaho 83642, and Six Mile En ing Bering PA ,hereinafter referred to as
"CONSULTANT", whose business address is 10448 W. Garverdale Court, Ste 606, Boise, ID
83704, .
Scope of Services: CONSULTANT shall perform all services, and comply in all
respects, as specified in the document titled "Scope of Work, Budget and
Schedule," a copy of which is attached hereto as Exhibit "A" and incorporated
herein by this reference, together with any amendments that may be agreed to in
writing by the parties.
2. Time of Performance: This agreement shall become effective upon execution by
both parties, and shall expire on July 30, 2008_ unless earlier terminated or
extended.
3. Indemnification and Insurance: CONSULTANT shall indemnify and save and
hold harmless CITY and MDC from and for any and all losses, claims, actions,
judgments for damages, or injury to persons or property and losses and expenses
caused or incurred by CONSULTANT, its servants, agents, employees, guests,
and business invitees, and not caused by or arising out of the tortious conduct of
MDC, CITY or its employees. CONSULTANT shall maintain, and specifically
agrees that it will maintain, throughout the term of this Agreement, liability
insurance, in which the CITY and MDC shall be named an additional insured in
the minimum amount as specified in the Idaho Tort Claims Act set forth in Title
6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a
limitation of the covenants to indemnify and save and hold harmless CITY or
MDC; and if CITY or MDC become liable for an amount in excess of the
insurance limits, herein provided, CONSULTANT covenants and agrees to
indemnify and save and hold harmless CITY and MDC from and for all such
losses, claims, actions, or judgments for damages or liability to persons or
property. Additionally, CONSULTANT shall maintain Workers Compensation
Insurance, in the statutory limits as required by law. CONSULTANT shall
provide CITY with a Certificate of Insurance, or other proof of insurance
evidencing CONSULTANT'S compliance with the requirements of this paragraph
and file such proof of insurance with the CITY. In the event the insurance
minimums are changed, CONSULTANT shall immediately submit proof of
compliance with the changed limits. Evidence of all insurance shall be submitted
PROFESSIONAL SERVICES AGREEMENT -page 1 of 5
to the City Clerk with a copy to Meridian the City Purchasing Agent, 33 East
Idaho Avenue, Meridian, Idaho 83642.
4. Independent Contractor: In all matters pertaining to this agreement,
CONSULTANT shall be acting as an independent contractor, and neither
CONSULTANT nor any officer, employee or agent of CONSULTANT will be
deemed an employee of CITY or MDC. The selection and designation of the
personnel of the CITY and MDC in the performance of this agreement shall be
made by the CITY and MDC respectively.
5. Compensation: CONSULTANT shall be compensated for professional services
pursuant to and specified in attached Exhibit "A."
6. Method of Payment: CONSULTANT will invoice the City of Meridian
Accounting Department at 33 East Idaho Avenue, Meridian, Idaho 83642 directly
for all current amounts earned under this Agreement at the end of each month or
upon completion of the scope of services. The CITY will pay all invoices within
thirty (30) days after receipt.
7. Notices: Any and all notices required to be given by any of the parties hereto,
unless otherwise stated in this agreement, shall be in writing and be deemed
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
City of Meridian
Purchasing Agent
33 E. Idaho Avenue
Meridian, Idaho 83642
Meridian Development Corporation
33 E. Idaho Avenue
Meridian, Idaho 83642
Six Mile Engineering
10448 W. Garverdale Court; Ste. 606
Boise, ID 83704
Any party may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
8. Attorney Fees: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorneys' fees as
PROFESSIONAL SERVICES AGREEMENT -page 2 of 5
determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default,
termination or forfeiture of this Agreement.
9. Time is of the Essence: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term, condition and provision
hereof, and that the failure to timely perform any of the obligations hereunder
shall constitute a breach of, and a default under, this Agreement by the party so
failing to perform.
10. Assignment: It is expressly agreed and understood by the parties hereto, that
CONSULTANT shall not have the right to assign, transfer, hypothecate or sell
any of its rights under this Agreement except upon the prior express written
consent of CITY or MDC.
11. Discrimination Prohibited: In performing the Services required herein,
CONSULTANT shall not discriminate against any person not limited to the
following, on the basis of race, color, religion, sex, national origin or ancestry, age
or disability.
12. Reports and Information: At such times and in such forms as the CITY or
MDC may require, there shall be furnished to the CITY or MDC such statements,
records, reports, data and information as the CITY or MDC may request
pertaining to matters covered by this Agreement.
13. Audits and Inspections: At any time during normal business hours and as often
as the CITY or MDC may deem necessary, there shall be made available to the
CITY or MDC for examination all of CONSULTANT'S records with respect to
all matters covered by this Agreement. CONSULTANT shall permit the CITY or
MDC to audit, examine, and make excerpts or transcripts from such records, and
to make audits of all contracts, invoices, materials, payrolls, records of personnel,
conditions of employment and other data relating to all matters covered by this
Agreement.
14. Publication, Reproduction and Use of Material: No material produced in
whole or in part under this Agreement shall be subject to copyright in the United
States or in any other country. The CITY and MDC shall have unrestricted
authority to publish, disclose and otherwise use, in whole or in part, any reports,
data or other materials prepared under this Agreement.
15. Compliance with Laws: In performing the scope of services required hereunder,
CONSULTANT shall comply with all applicable laws, ordinances, and codes of
Federal, State, and local governments.
PROFESSIONAL SERVICES AGREEMENT -page 3 of 5
16. Changes: The CITY or MDC may, from time to time, request changes in the
Scope of Services to be performed hereunder. Such changes, including any
increase or decrease in the amount of CONSULTANT's compensation, which are
mutually agreed upon by and between the CITY, MDC and CONSULTANT, shall
be incorporated in written amendments to this Agreement.
17. Termination: If, through any cause, CONSULTANT, its officers, employees, or
agents fails to fulfill in a timely and proper manner its obligations under this
Agreement, violates any of the covenants, agreements, or stipulations of this
Agreement, falsifies any record or document required to be prepared under this
agreement, engages in fraud, dishonesty, or any other act of misconduct in the
performance of this contract, or if the City Council or MDC Board of Directors
determines that termination of this Agreement is in the best interest of CITY or
MDC, the CITY or MDC shall thereupon have the right to terminate this
Agreement by giving written notice to CONSULTANT of such termination and
specifying the effective date thereof at least fifteen (15) days before the effective
date of such termination. CONSULTANT may terminate this agreement at any
time by giving at least sixty (60) days notice to CITY and MDC.
In the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONSULTANT under this Agreement
shall, at the option of the CITY or MDC, become its property, and
CONSULTANT shall be entitled to receive just and equitable compensation for
any work satisfactorily complete hereunder.
Notwithstanding the above, CONSULTANT shall not be relieved of liability to
the CITY or MDC for damages sustained by the CITY or MDC by virtue of any
breach of this Agreement by CONSULTANT, and the CITY may withhold any
payments to CONSULTANT for the purposes of set-off until such time as the
exact amount of damages due the CITY or MDC from CONSULTANT is
determined. This provision shall survive the termination of this agreement and
`shall not relieve CONSULTANT of its liability to the CITY or MDC for damages.
18. Construction and Severability: If any part of this Agreement is held to be
invalid or unenforceable, such holding will not affect the validity or enforceability
of any other part of this Agreement so long as the remainder of the Agreement is
reasonably capable of completion.
19. iEntire Agreement: This Agreement contains the entire agreement of the parties
Viand supersedes any and all other agreements or understandings, oral of written,
whether previous to the execution hereof or contemporaneous herewith.
PROFESSIOIV~AL SERVICES AGREEMENT -page 4 of 5
20. Applicable Law: This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of Idaho, and the ordinances of
the City of Meridian.
21. Approval Required: This Agreement shall not become effective or binding until '~
approved by the City of Meridian. ')
CONSULTANT ~)
BY: Q~ ~~~
CITY OF MERIDIAN
BY:
TAMMY de E D, MAYOR
MERIDIAN DEVELOPMENT CORPORATION
WILLIAM G. BERG,
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PROFESSIONAL SERVICES AGREEMENT -page 5 of 5
Exhibit A
Scope of Work, Budget and Schedule
SCOPE Of WORK, BUDGET AND SCHEDULE
3RD STREET EXTENSION ALIGNMENT STUDY
SCOPE OF WORK
PROJECT UNDERSTANDING
This study will identify an alignment for the extension of 3`d Street from Carlton
Avenue north to Fairview Avenue. This extension will provide internal area trips
access to Franklin Road on the south and Fairview Avenue on the north. The
potential alignment options to be evaluated are:
^ 2'/z Street -Extend 3`d Street from Carlton Avenue to 2'/2 Street and then
back to 3`d Street north of Badley Avenue. (As directed by the City and MDC,
there is the possibility that 2'/z Street may be closed near the shopping center
at Fairview Avenue in the future so extending 3`d Street to the 2'/2 Street
intersection with Fairview Avenue is not being considered.)
^ 3`d Street -Extend 3`d Street north along the existing 3`d Street bearing from
Carlton Avenue to Fairview Avenue.
^ 4th Street -Extend 3`d Street north from Carlton Avenue to 4th Street and then
north to Fairview Avenue
In addition, one alignment alternative will be developed for an east-west
connection from the 3`d Street extension to Main Street.
The general study area is bounded by Fairview Avenue, Main Street, 5th Street
and Pine Avenue. This study is being conducted for the City of Meridian and the
Meridian Development Corporation (MDC). These agencies will Lead the public
involvement effort to engage stakeholders and the public in the development of
the preferred alignment.
PROJECT TASKS
TASK 1 -MAPPING
1.1 Project Control and R/W
TASK 2 -PUBLIC INVOLVEMENT
2.1 Stakeholder Involvement
2.2 Public Open House Meeting
SCOPE OF WORK, BUDGETAND SCHEDULE NOVEMBER 14, 2007
3RD STREET EXTENSION ALIGNMENT STUDY PAGE 1 OF 8
TASK 3 -ALIGNMENT ALTERNATIVES
3.1 Typical Sections
3.2 Develop Alignment Options
3.3 Alignment Cost Estimates
3.4 Alternative Analysis and Recommendations
3.5 Alignment Study Report
TASK 4 -PROJECT MANAGEMENT
4.1 Project Coordination and Meetings
4.2 Project Administration
PROJECT TASK DESCRIPTIONS
TASK 1 -MAPPING
Preliminary alignment alternatives will be developed using GIS files provided by
the City of Meridian in digital format, including right-of-way boundaries, parcel
ownership information, and the most current aerial images. No survey will be
performed as part of the development of the preliminary alignment alternatives.
Once a recommended alignment alternative has been approved by the City and
MDC, the surveying Subconsultant will perform the necessary research to
establish the existing right-of-way centerline and tie the centerline to the
coordinate system used for the aerial photography and GIS files (Ada County
GIS Base Map Datum). Individual parcel property lines will be identified for up to
46 parcels along the recommended alignment alternative. The property lines will
be based on information from deeds and plats. Initial research of the deeds for
the properties within the study area will be performed to determine and confirm
property lines along the right-of-way. Title reports for each of the properties will
not be requested and are not included in this scope of work.
1.1 Project Control and R/VU: Subconsultant will perform necessary
research to locate existing section corners and establish project control
and existing centerline to facilitate property ownership and future
supplemental field surveys. The control will be translated, if necessary, to
the Ada County coordinates used for the aerial photography and GIS files
provided by the Cify of Meridian (Ada County GIS Base Map Datum).
Right-of-way will be identified for up to 46 parcels along the approved
alignment alternative and will be based on information from deeds and
plats. Property boundaries fronting the approved alignment will be
surveyed..
SCOPE OF WORK, BUDGETAND SCHEDULE NOVEMBER 14, 2007
3RD STREET EXTENSION ALIGNMENT STUDY PAGE 2 OF $
Deliverables:
^ Project Control and Right-of-Way Mapping
T/~SF'C 2 -PUBLIC INVOLVEMENT
The City and MDC will lead the public involvement effort. The Consultant will
support the City and MDC in the public involvement process by preparing
exhibits and providing technical information and staff at the meetings. Project
talking points will be developed by the City and MDC with technical assistance
from the Consultant. The project talking points will be used by the City and MDC
as communication materials such as media releases, letters, and newsletters/self
mailers.
2.1 Stakeholder Involvement: The City and MDC will coordinate with
stakeholders to identify project issues.
The City and MDC will conduct stakeholder interviews. The stakeholder
interviews will identify project issues. Interviews are likely to involve
entities such as roadways, utilities, railroad, irrigation districts, developers,
neighborhood associations, property owners and local and state agencies
The City and MDC will document the relevant provisions of stakeholder
comprehensive plans and programs and provide overview information to
the Consultant for inclusion in the alignment development.
The railroad crossing on 3`d Street is outside of the project area but the
Consultant will contact the railroad and solicit input based on potential
increased traffic volumes at the crossing. A summary of the coordination
with the railroad will be submitted to the City and MDC documenting input
provided by the railroad.
Deliverables:
^ Railroad Coordination Summary
2.2 Public Open House Meeting: One open house public involvement
meeting will be held for this study and will be attended by the City, MDC,
and the Consultant.
The purpose of the public open house meeting will be to:
^ Provide the public the opportunity to identify issues of concern.
^ View alignment options and typical roadway section.
^ Present the three 3~d Street alignment alternatives approved by the City
and MDC.
^ Obtain comments from meeting attendees.
SCOPE OF WORK, BUDGET AND SCHEDULE NOVEMBER 14, 2007
3RD STREET EXTENSION ALIGNMENT STUDY PAGE 3 OF 8
The City and MDC will advertise and schedule the public open house
meeting. The meeting will be attended by the City, MDC, and two
Consultant representatives. The Consultant will prepare the display
boards. A draft copy of the boards will be reviewed by the City and MDC
prior to the open house. It is assumed that no more than six presentation
boards will be needed for the public open house meeting. A summary of
comments received will be prepared by the City and MDC.
.Deliverables.:
^ Display Boards for Public Open House Meeting
TASK 3 -ALIGNMENT ALTERNATIVES
The Consultant will develop three horizontal alignment options for the 3`d Street
extension based on existing conditions, comprehensive plans, stakeholder
interviews,. and agency comments. The alignment options will be developed in
close consultation with the City and MDC and based on policies from ACHD,
current land uses and proposed and approved developments. The limits of each
alignment alternative will start where the alignment diverges from the existing
roadway and end where the alignment connects to the existing roadway.
3.1 Typical Sections: Roadway typical sections will be developed for the 3`d
Street extension. Typical sections will be based on ACHD's Policy
Manual, recommendations from ACH D's Transportation and Land Use
Integration Plan, and MDC's streetscape guidelines. Because 3`d Street is
not functionally classified, COMPASS forecasts are not available to help
determine the roadway lane configuration for the typical sections. As a
result, the typical section lane configuration will be based on existing traffic
demand and input from stakeholders on future traffic demand. No formal
traffic report will be submitted as part of this study.
Deliverables:
^ Typical Sections
3.2 Develop Alignment Options: Consultant will develop the following
alignment options for the proposed 3`d Street extension:
^ 2'/2 Street -Extend 3`d Street from Carlton Avenue to 2'/z Street and
then back to 3`d Street north of Badley Avenue. (As directed by the
City and MDC, there is the possibility that 2'/z Street may be closed
near the shopping center at Fairview Avenue in the future so extending
3`d Street to the 2 '/2 Street intersection with Fairview Avenue is not
being considered.)
SCOPE OF WORK, BUDGET AND SCHEDULE NOVEMBER 14, 2007
3RD STREET EXTENSION ALIGNMENT STUDY PAGE 4 OF 8
^ 3~d Street -Extend 3~d Street north along the existing 3~d Street bearing
from Carlton Avenue to Fairview Avenue.
^ 4th Street -Extend 3~d Street north from Carlton Avenue to 4th Street
and then north to Fairview Avenue
The alignment options will include horizontal alignment information and
intersection geometry to the limits of improvements. Roll plots of the
alignment options will be prepared and delivered to the City and MDC for
review prior to the Public Open House Meeting.
Deliverables:
^ Roll Plots of Alignment Alternatives
3.3 Alignment Cost Estimates: The Consultant will prepare a planning level
opinion of probable project costs (engineering, right-of-way, construction)
for each of the three preliminary alignment alternatives. The cost
estimates will be utilized in the alignment analysis and could be used for
future project programming and budgeting with appropriate unit cost
updates for inflation. ACHD will provide estimates of R/W unit costs.
3.4 Alternative Analysis and Recommendations: Each alignment option
will be evaluated based on the following criteria:
^ Alignment cost estimates
^ Agency, stakeholder, property owner, and public input
^ Traffic operations
^ Consideration for adopted plans and active plans
The Consultant will qualitatively evaluate traffic operations, such as
potential access issues and connectivity. The alignment option analysis
methodology and the recommend alignment will be presented to the City
and MDC informally at a meeting for subsequent review and comment or
approval. Comments will be documented and addressed as necessary to
finalize the preferred alternative. The survey Subconsultant will perform
survey activities described in Task 1.1 for the preferred alignment
alternative approved by the City and MDC.
For the preferred 3~d Street extension alignment option, the Consultant will
develop one alignment option for an east-west connection from the 3~d
Street extension to Main Street.
Deliverables:
^ Preferred Alignment Alternative
SCOPE OF WORK, BUDGET AND SCHEDULE NOVEMBER 14, 2007
3RD STREET EXTENSION ALIGNMENT STUDY PAGE 5 OF 8
3.5 Alignment Study Report: The Consultant will prepare an Alignment
Study Report that will document the study process, the alignment options
considered, evaluation criteria, and the preferred alignment alternative
approved by the City and MOC.
The report will summarize existing conditions, right-of-way impacts, cost
estimates, agency and stakeholder input, and outcomes from the property
owner and public informational meeting. Exhibits will be included
illustrating the alignment options. An electronic copy of the Draft
Alignment Study Report will be submitted to the City and MDC for review
and approval. The City and MDC will distribute copies of the draft report
to the appropriate agencies for their review and comment. Review
comments will be addressed and documented. One hard copy and one
electronic copy of the Final Alignment Study Report will be submitted to
the City or MDC.
11" by 17" plans sheets (hard copy, PDF and .dwg format files) of the
approved alignment will be prepared and delivered to the City and MDC.
Deliverables:
^ Alignment Study Report
^ 11" by 17" Plan Sheets of Recommended Alignment
TASK 4 -PROJECT MANAGEMENT
4.1 Project Coordination and Meetings: The Consultant will coordinate with
the City, MDC and ACHD. The Consultant will coordinate with project
team members and respond to inquiries from agencies. A project kickoff
meeting will be conducted that will focus on the project objectives and key
success factors. Additional meetings with the City and MDC will be held
on an as-needed basis to discuss project status and any outstanding
issues. The Consultant will prepare meeting notes for each meeting.
4.2 Project Administration: The Consultant will prepare and submit monthly
invoices and status reports and will provide general project oversight and
administration..
SCOPE OF WORK, BUDGETAND SCHEDULE NOVEMBER 14, 2007
3RD STREET EXTENSION ALIGNMENT STUDY PAGE 6 OF 8
BUDGET
Our time and materials reimbursement, not-to-exceed budget is detailed below.
LABOR HOURS PE II PEI EIT TOTAL
TASK 1 Mapping
1.1 Project Control and R!W 2 2 4
TASK 1 TOTAL 0 2 2 4
TASK 2 Public Involvement
2.1 Stakeholder Involvement 6 8 14
2.2 Public Open House Meeting 6 8 24 38
TASK 2 TOTAL 12 16 24 52
TASK 3 Alignment Alternatives
3.1 Typical Sections 2 6 4 12
3.2 Develop Alignment Options 12 54 24 90
3.3 Alignment Cost Estimates 4 12 8 24
3.4 Alignment Analysis and Recommendations 12 24 36
3.5 Alignment Study Report 16 40 16 72
TASK 3 TOTAL 46 136 52 234
TASK 4 PROJECT MANAGEMENT
4.1 Project Coordination and Meetings 8 12 20
4.2 Project Administration 10 10
TASK 4 TOTAL 18 12 0 30
TOTAL LABOR HOURS 76 166 78 320
BUDGET
TOTAL HOURLY TOTAL
LABOR HOURS RATE COST
PE II 76 $ 104.00 $ 7,904
PEI 166 $ 90.00 $ 14,940
EIT 78 $ 78.00 $ 6,084
TOTAL LABOR 320 $ 28,928
DIRECT EXPENSES
Copies/Mounting (Lump Sum Estimate)
Land Solutions
TOTAL DIRECT EXPENSES
AL BUDGET
$ 400
$ 8,425
$ 8,825
$ 37,753
SCOPE OF WORK, BUDGET AND SCHEDULE NOVEMBER 14, 2007
3RD STREET EXTENSION ALIGNMENT STUDY PAGE 7 OF 8
SCHEDULE
The schedule is based on a Notice to proceed date of October 22. The project
completion will need to be adjusted if the start date is delayed.
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3RD STREET EXTENSION ALIGNMENT STUDY PAGE 8 OF 8