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HomeMy WebLinkAboutProfessional Services Agreement with JUB Engineers Electronic Sewer System Maps- J-U-B ENGINEERS, Inc. GAL 1 AGREEMENT FOR PROFESSIONAL SERVICES J-U-B Project No.: 11455 THIS AGREEMENT entered into this 31st day of.l~, 1998, between City of Meridian c/o Gary D. Smith, P.E. hereinafter referred to as the "CLIENT' and J-U-B ENGINEERS, Inc., an Idaho corporation of Boise, Idaho, herema er re erre to as "J-U- ' . WITNESSETH: WHEREAS, the CLIENT intends to prepare updated electronic water system maps for all of the City of Meridian, Idaho, hereinafter referred to as the PROJECT; N~G`tl, ~FIE'~~~~, t e LI N and J- -fin consideration o~t~ir mutual covenants herein agree in respell as set forth below. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to J-U-B all criteria and full information as to CLIENTs requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which CLIENT will require to be included in the Drawings and Specifications. The CLIENT will furnish to J-U-B, as required for performance of J-U-B's services, daa prepared by or services of others, if available, incuding, without limitation, borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements, surveys of record, property descriptions; zoning, deed and other land use restrictions; and other special data or consultations as may be available, all of which J-U-B may use and rely upon in performing services under this Agreement. The CLIENT will arrange for access to and make all provisions for J-U-B to enter upon public and private property as required for J-U-B to perform services under this Agreement. In addition, the CLIENT will furnish to J-U-B : Clty Water reCOrd maps SERVICES TO BE PERFORMED BY J-U-B J-u-B wiu prepare city water maps_in accordance with the attached scope of engineering services dated June 2, 1998. Maps~12'~1 sec irons wt a prepare . SCHEDULE OF SERVICES TO BE PERFORMED J-U-B will perform said services as follows: In a timely manner. BASIS OF FEE AND BILLING SCHEDULE The CLIENT willpaY J-U-B for their services and reimbursable expenses asfollows: Time and materials baSIS Wlth a nOt-tO-exceed fee of $44,000. J-U-B will proceed with only those sections authorize y e c ten . File Folder Title MERIDIAN, CITY OF -Water Map Updates Remarks: The Notice to Proceed, by the Client, verbal or written, constitutes acceptance of this Agreement. THE TERMS AND CONDITIONS, INCLUDING RISK ALLOCATION, ON THE REVERSE SIDE ARE PART OF THIS AGF~EEMENT. 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. CLIENT: J-U-B: CITY OF MERIDIAN NAME 33 East Idaho Street STREET Meridian ID 83642 CITY STATE ZIP CQ BY vV i -~ ~ar-~ a . pro . /r. - ~. ~%~ NAME TITLE Cr~ Coavt ci 1 ~~ pprw~d 8, 250 South Beechwood, Suite 201 STREET P.E./L.S. STATE ZIP CODE TITLE P~L DIS IBU'~ON: White - J-U-B Corporate File ~ Yellow - J-U-B Office File Pink - J-U-B Project File '~ ~ ~. 19~ • ~` ~P `~~~ ~. ..~ J-U-B -O1 n J-U-ti tNGINttRS, Inc. TERMS AND CONDITIONS GENERAL - J-U-B shall provide for CLIENT professional engineering and/or land surveying services in all phases of the Project to which this Agreement applies. These services will include serving as CLIENTS professional engineering or land surveying representative for the Project, providing professional consultation and advice in accordance with generally accepted professional practices for the intended use of the Project and makes no otherWARRANTY EITHER EXPRESSED OR IMPLIED. J-U-B shall not be responsible for acts or omissions of any party involved in the services covered by this Agreement other than their own or for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by J-U-B. J-U-B has not been retained to supervise, direct or have control over Contractor(s) work nor shall J-U-B 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, J-U-B 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. In soils investigation work and in determining subsurface conditions for the Project, the characteristics may vary greatly between successive test points and sample intervals. J-U-B will coordinate this work in accordance with generally accepted practice of the professional services being provided and makes no other WARRANTIES EXPRESSED OR IMPLIER or as to the professional advice furnished by others. 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 Since J-U-B 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, J-U-B's opinions of probable Total Project Costs and Construction Costs provided for herein are to be made on the basis of J-U-B's experience and qualifications and represent J-U-B's best judgment as an experienced and qualified professional engineer, familiar with the construction industry; but J-U-B cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs will not vary from opinions of probable cost prepared by J-U-B. If the CLIENT wishes greater assurance as to Total Project or Constriction Costs, CLIENT shall employ an independent cost estimator. J-U-B's services to modify the Project to bring the Construction Costs within any limitation established by the CLIENT will be considered Additional Services and paid for as such by the CLIENT. REUSE OF DOCUMENTS All documents and magnetic media including Drawings and Specifications prepared or furnished by J-U-B pursuant to this Agreement are instruments of service in respect of the Project and J-U-B shall retain an ownership and property interest therein whether or not the Project is completed. Any reuse without written verification or adaptation by J-U-B for the specific purpose intended will be at CLIENTS sole risk and without liability or legal exposure to J-U-B and CLIENT shall indemnify and hold harmless J-U-B from all claims, damages, losses and expenses arising out of or resulting therefrom. CONTROLLING LAW This Agreement is to be governed by the law of the State of Idaho, principal place of business of J-U-B. SUCCESSORS AND ASSIGNS CLIENT and J-U-B each is hereby bound and the partners, successors, executors, administrators and legal representatives of CLIENT and JU-B are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives of such other party, 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 J-U-B, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT and J-U-B and not for the benefit of any other party. TIMES OF PAYMENTS J-U-B 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 J-U-B for services and expenses within ten (10) days after receipt of J-U-B's statement therefor, the amounts due J-U-B will be increased at the rate of 1 % per month from said tenth day, and in addition, J-U-B may, after giving ten days' written notice to CLIENT, suspend services under this Agreement until J-U-B 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 terminated by either party upon thirty days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. If this Agreement is terminated by either party, J-U-B will be paid for services rendered and for Reimbursable Expenses incurred to the date of such termination plus an allowance for demobilization costs as determined by J-U-B. RISK ALLOCATION The CLIENT is aware of the risks, rewards, and benefits of the project and J-U-B's total fee for services. The risks are hereby allocated such that the CLIENT agrees that, to the fullest extent permitted by law, J-U-B's total liability to the CLIENT for all injuries, claims, expenses, damages or claims expenses arising out of this agreement from any cause, shall not exceed the fees for services rendered on this Project. Such causes include, but are not limited to, J- U-B's negligence, errors, omissions, stnct liability and breach of this Agreement. HAZARDOUS WASTE AND ASBESTOS In consideration of the unavailability of professional liability insurance for seNices involving or related to hazardous waste elements of this Agreement, or for the removal or encapsulation of asbestos, it is further agreed that the CLIENT shall indemnify and hold harmless J-U-B and their consultants, agents and employees from and against all claims, damages, losses and expenses direct and indirect, or consequential damages, including but not limited to fees and charges of attorneys and court, mediation or arbitration costs, ansing out of or resulting from the performance of the work by J-U-B, or claims against J-U-B related to hazardous waste or asbestos activities. MEDIATION BEFORE LITIGATION No action or lawsuit shall commence nor recourse to a judicial forum be made (hereinafter "litigation") until CLIENT, J-U-B, and/or other Parties of Real Interest have commenced, participated in and concluded nonbinding mediation, pursuant to the rules of mediation. LEGAL FEES In the event of any action brought by either party against the other to enforce any of the obligations hereunder or wising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses, including attorney's fees as may be set by the Court. EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the CLIENT and J-U-B and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both CLIENT and J-U-B. J-U-B -O1 "' ~ ^° 7. 1998 -Meridian Water Map Scope JUB Project No. 11455 JUI1~ City of Meridian Water Map Updates ~, Scope of En~ineerinst Services r~ ~,!' B ~ ~~ J-U-6 Engineers will prepare electronically drafted water maps for the City of Meridian. The following criteria will be used in preparing these maps: a.) The maps will be prepared at a scale of 1 " = 300 feet. This is the scale of the current City Water Maps. In addition, this scale is of convenient size for book preparation in an 11 " x 17" format. b.) J-U-B will use the Ada County GIS maps as a basis of mapping. By using this basis, the City will be able to conveniently update all maps in the future. c.) All drafting will be prepared using AutoCAD Version 14. This electronic drawing can be used as a basis for a City Water GIS (Geographic Information System) in the future. d.) We will prepare a 20" x 24" base map for each section (1-mile square) within the Meridian service area. We have estimated that 22 maps will be required at this time to show all of the existing City water lines. These maps wilt be laminated in 1.7 mil laminate with hard plastic covers using post-binding techniques. e.) We will also prepare an 11 " x 17" booklet showing the water system. Each sheet will cover about'/4 of a section. We have estimated that 88, 11 " x 17" sheets would be prepared for the same 22 sections. These maps will be laminated in 1.7 mil laminate with hard plastic covers using wire spiral binding. f.) It is assumed that the City staff will provide J-U-B with all water system record information for drafting. We would envision that the City provides this information on a section by section basis. g.) After each section is drafted by J-U-B, the completed map will be delivered to the City Staff for review. The City should then make any comments, changes or modifications to the map for final corrections. These changes or modifications will be made by J-U-B without additional cost to the City. Any subsequent changes or revisions will be completed by J-U-B on a Time and Materials Basis. J-U-B ENGINEERS, Inc. GAL Y.- AGREEMENT FOR PROFESSIONAL SERVICES J-U-B Project No.: 11469 THIS AGREEMENT entered into this 31St day of Jam, 1998, between City of Meridian clo Gary D. Smith, P.E._ hereinafter referred to as the "CLIENT' and J-U-B ENGINEERS, Inc., an Idaho corporation of Boise, Idaho, hereina~er re erre to as ' - -B". WITNESSETH: WHEREAS, the CLIENT intends to prepare updated electronic sewer system maps for all of the City of Meridian, Idaho, hereinafter referred to as the PROJECT; ~W, ~H R R , t e LI T and J-U- in cons eratron o their mutual covenants herein agree rn respect as set forth below. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to J-U-B all criteria and full information as to CLIENT'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which CLIENT will require to be included in the Drawings and Specifications. The CLIENT will furnish to J-U-B, as required for performance of J-U-B's services, d~a prepared by or services of others, if available, including, without limitation, borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements, surveys of record, property descriptions; zoning, deed and other land use restrictions; and other special data or consultations as may be available, all of which J-U-B may use and rely upon in performing services under this Agreement. The CLIENT will arrange for access to and make all provisions for J-U-B to enter upon public and private property as required for J-U-B to perform services under this Agreement. In addition, the CLIENT will furnish to J-U-B : City Sewer record maps SERVICES TO BE PERFORMED BY J-U-B J-u-B wiu prepare city_ sewer ma 1998. Maps``fifior 1' o1~sec I ns in accordance with the attached sco of engineering services dated July 23 SCHEDULE OF SERVICES TO BE PERFORMED J-U-B will perform said services as follows: In a timely manner. BASIS OF FEE AND BILLING SCHEDULE The CLIENT will paY J-U-B for their services and reimbursable expenses asfollows: Time and materials baSIS Wlth a not-tO-eXCeed fee of $40,040 J-U-B will proceed with only those sections authorize y e c len . File Folder Title MERIDIAN, CITY OF -Sewer Map Updates Remarks: The Notice to Proceed, by the Client, verbal or written, constitutes acceptance of this Agreement. THE TERMS AND CONDITIONS, INCLUDING RISK ALLOCATION, ON THE REVERSE SIDE 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. CLIENT: J-U-B: CITY OF MERIDIAN NAME 33 East Idaho Street r~;i li - J-U-B Corporate File r - J-U-B Office File J-U-B Project File 250 South Beachwood, Suite 201 STREET J-U-B EI`GINEERS9 Inc. TERMS AND CONDITIONS GENERAL J-U-B shall provide for CLIENT professional engineering and/or land surveying services in all phases of the Project to which this Agreement applies. These services will include serving as CLIENT"s professional engineering or land surveying representative for the Project, providing professional consultation and advice in accordance with generally accepted professional practices for the intended use of the Project and makes no other WARRANTY EITHER EXPRESSED OR IMPLIED. J-U-B shall not be responsible for acts or omissions of any party involved in the services covered by this Agreement other than their own or for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by J-U-B. J-U-B has not been retained to supervise, direct or have control over Contractor(s) work nor shall J-U-B 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, J-U-B can neither guarantee the pert^rmance 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. In soils investigation work and in determining subsurface conditions for the Project, the characteristics may vary greatly between successive test points and sample intervals. J-U-B will coordinate this work in accordance with generally accepted practice of the professional services being provided and makes no other WARRANTIES EXPRESSED OR IMPLIEq or as to the professional advice furnished by others. 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 Since J-U-B 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, J-U-B's opinions of probable Total Project Costs and Construction Costs provided for herein are to be made on the basis of J-U-B's experience and qualifications and represent J-U-B's best judgment as an experienced and qualified professional engineer, familiar with the construction industry; but J-U-B cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs will not vary from opinions of probable cost prepared by J-U-B. If the CLIENT wishes greater assurance as to Total Project or Construction Costs, CLIENT shall employ an independent cost estimator. J-U-B's services to modify the Project to bang the Construction Costs within any limitation established by the CLIENT will be considered Additional Services and paid for as such by the CLIENT. REUSE OF DOCUMENTS All documents and magnetic media including Drawings and Specifications prepared or furnished by J-U-B pursuant to this Agreement are instruments of service in respect of the Project and J-U-B shall retain an ownership and property interest therein whether or not the Project is completed. Any reuse without written verification or adaptation by J-U-B for the specific purpose intended will be at CLIENT'S sole risk and without liability or legal exposure to J-U-B and CLIENT shall indemnify and hold harmless J-U-B from all claims, damages, losses and expenses arising out of or resulting therefrom. CONTROLLING lJ1W This Agreement is to be governed by the law of the State of Idaho, principal place of business of J-U-B. SUCCESSORS AND ASSIGNS CLIENT and J-U-B each is hereby bound and the partners, successors, executors, administrators and legal representatives of CLIENT and JU-B are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives of such other party, 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 J-U-B, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT and J-U-B and not for the benefit of any other party. TIMES OF PAYMENTS J-U-B 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 J-U-B for services and expenses within ten (10) days after receipt of J-U-B's statement therefor, the amounts due J-U-B will be increased at the rate of 1 % per month from said tenth day, and in addition, J-U-B may, after giving ten days' written notice to CLIENT, suspend services under this Agreement until J-U-B 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 terminated by either party upon thirty days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. If this Agreement is terminated by either party, J-U-B will be paid for services rendered and for Reimbursable Expenses incurred to the date of such termination plus an allowance for demobilization costs as determined by J-U-B. RISK ALLOCATION The CLIENT is aware of the risks, rewards, and benefits of the project and J-U-B's total fee for services. The risks are hereby allocated such that the CLIENT agrees that, to the fullest extent permitted by law, J-U-B's total liability to the CLIENT for all injuries, claims, expenses, damages or claims expenses arising out of this agreement from any cause, shall not exceed the fees for services rendered on this Project. Such causes include, but are not limited to, J- U-B's negligence, errors, omissions, strict liability and breach of this Agreement. HAZARDOUS WASTE AND ASBESTOS In consideration of the unavailability of professional liability insurance for services involving or related to hazardous waste elements of this Agreement, or for the removal or encapsulation of asbestos, it is further agreed that the CLIENT shall indemnify and hold harmless J-U-B and their consultants, agents and employees from and against all claims, damages, losses and expenses direct and indirect, or consequential damages, including but not limited to fees and charges of attorneys and court, mediation or arbitration costs, arising out of or resulting from the performance of the work by J-U-B, or claims against J-U-B related to hazardous waste or asbestos activities. MEDIATION BEFORE LITIGATION No action or lawsuit shall commence nor recourse to a judicial forum be made (hereinafter "litigation") until CLIENT, J-U-B, and/or other Paties of Real Interest have commenced, participated in and concluded nonbinding mediation, pursuant to the rules of mediation. LEGAL FEES In the event of any action brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses, including attorney's fees as may be set by the Court. EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the CLIENT and J-U-B and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both CLIENT and J-U-B. J-U-B -O1 •~ July 23, 1998 -Meridian Sewer Map Scope JUB Project No. 11469 City of Meridian Sewer Map Updates Scope of Engineering Services ~JrV/ J-U-B Engineers will prepare electronically drafted sewer maps for the City of Meridian. The following criteria will be used in preparing these maps: a.) The maps will be prepared at a scale of 1 " = 300 feet. This is the scale of the current City Sewer Maps. In addition, this scale is of convenient size for book preparation in an 11 " x 17" format. b.) J-U-B will use the City of Meridian Water base maps as prepared under the proposed Meridian Water Map scope of services (JUB Project No. 11455) as a basis of mapping the sewer system. These maps will have been prepared from current Ada County GIS Mapping. By using this basis, the City wilt be able to conveniently update all maps in the future. c.) All drafting will be prepared using AutoCAD Version 14. This electronic drawing can be used as a basis for a City Sewer GIS (Geographic Information System) in the future. d.) We will prepare a 20" x 24" base map for each section (1-mile square) within the Meridian service area. We have estimated that 22 maps will be required at this time to show all of the existing City sewer lines. These maps will be laminated in 1.7 mil laminate with hard plastic covers using post-binding techniques. Five sets of bound maps will be delivered to the City. e.) We will also prepare an 11 " x 17" booklet showing the sewer system. Each sheet will cover about'/4 of a section. We have estimated that 88, 11 " x 17" sheets would be prepared for the same 22 sections. These maps will be laminated in 1.7 mil laminate with hard plastic covers using wire spiral binding. Five sets of bound maps will be delivered to the City. f.) It is assumed that the City staff will provide J-U-B with all sewer system record information for drafting. We would envision that the City provides this information on a section by section basis. g.) After each section is drafted by J-U-B, the completed map will be delivered to the City Staff for review. The City should then make any comments, changes or modifications to the map for final corrections. These changes or modifications will be made by J-U-B without additional cost to the City. Any subsequent changes or revisions will be completed by J-U-B on a Time and Materials Basis.