HomeMy WebLinkAboutProfessional Service Agreement with JUB Engineers to upgrade Sewer Master PlanJ-U-B ENGINEERS, Inc.
AGREEMENT FOR PROFESSIONAL SERVICES
J.U.B Project No.: 11950
THIS AGREEMENT entered into Ihis 2 day ot September. 2003, between Citv of Meridian hereinafter retefTed to as the "CLIENT' and
J-Ll-B ENGINEERS, Inc.. an Idaho carparation of Boise, Idaho, hereinafter refefTed to as" J-U-B ".
WITNESSETH:
WHEREAS. the CLIENT intends to update 1998 Sewer Master Pian, hereinafter relefTed to as the PROJECT: NOW, THEREFORE, Ihe
CLIENT and J.U.B in consideratlon of their mutual covenants herein agree in respect os sef forfh below.
CLIENT INFORMATION AND RESPONSIBILITIES
The CLIENT will provide to J-U.B all cntena and fuil information as 10 CLIENT's requirements far the Project. inciuding design objectives and
constraints. space. capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and lurnish copies 01
ail design and construction slandards which CLIENT wiil require to be included in the Drawings and Specifications.
The CLIENT will lurnish to J.U.B, as required tar performance of J.U-B 's services. data prepared by or services of others. if available,
including. without lirnitation, bonngs. probings and subsurface explarotlons, hydrographic surveys, labaratory tests and inspedons of samples,
materiais and equipment; appropnote prolessional interpretations of ail of the loregoing; environmental assessment and impact statements,
surveys of record, property descriptions; zoning, deed and other land use restrictions: and other special data ar consultations as may be
available, oil of which J.U.B may use and rely upon in performing services under this Agreement.
The CLIENT will afTange far access to and make ail provisions for J-U.B to enter upon public and private property as required far
J-U.B 10 perform services under this Agreement.
In addition. the CLiENTwililurnish to J.U.B: items listed in Section 2 of Attachment "A".
SERVICES TO BE PERFORMED BY J.U.B
J.U-BwillcomDlete those items listed in Section 3 of Attachment "A".
SCHEDULE OF SERVICES TO BE PERFORMED
J-U-B will perform said services as foilows: In a timelv manner.
BASIS OF FEE AND BILLING SCHEDULE
The CLiENTwili pay J.U-B far their services and reimbursable expenses as foilows: On a time and materiais basis with an
estimated budaet of $23.401. For a breakdown of the fees, refer to Attachment "B".
File Folder TIlle MERIDIAN - UDdate Sewer Master Pian
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:
ZIP CODE
TITLE
Projecl Manaç¡er
Wh8e . J.U.B Corporate FIle
Yellow. J.U-B Office File
Pink - J.U-B Project File
J-U-B -02
J-U-B ENGINEERS, Inc.
TERMS AND CONDITIONS
GENERAL
J-U.B sholl provide tor CLIENT professionol engineering and/or iand surveying services In all phases ot the Project to which this Agreement
applies. These services will include serving as ClIENT"s protessional engineering or land surveying representative for the Project, providing
professional consultation and advice In accordance wifh generally accepted professional proctices tor the intended use of the Project and
makes no other WARRANTY EITHER EXPRESSED OR IMPLIED.
J.U-B shall not be responsible tor acts or omissions of any party involved In the services covered by this Agreement other than their own or
for tailure 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
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the Contract Documents.
In soils investigation work and In determining subsurface conditions for the Project, the characteristics may vary greaNy between successive
test points and somple Intervols. J.U.B will coordinate this work in accordance with generally accepted practice of the protessional services
being provided and makes no other WARRANTIES EXPRESSED OR IMPLIED, or as to the protessional adviceturnishedby others.
Resetting of survey and/or construction stakes shali constitute extra work and shall be poid for on a time ond material basis in addition to
ony other payment provided in this Agreement.
OPINIONS Of COST
Since J-U-B has no control over the cost ot labor. materials. eguipment or services turnished by others, or over the Contractor!s!, methods at
determining prices. or over competiffve bidding or market conditions. J-U-B's opinions of probable Total Project Costs and Construction Costs
provided tor herein are to be made on the basis ot J.U-B's experience and quolffications and represent J-U-B's best judgmenl as an
experienced and quolified protessional engineer. familiar with the consfruction industry: but J-U-B cannot and does not guarantee that
proposais. bids or actual Totai Project or Construction Costs will not vary from opinions of probable cost prepared by J.U-8. if the CLIENT wishes
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such by the CLIENT.
REUSE Of DOCUMENTS
All documents and magnetic media including Drawings and Specifications prepared Of fumished by J-U-8 pursuant to fhis 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 tor the specific purpose intended will be af CLIENT's sole risk and
~;\;;'~6~~~¡i~r c;:,;~~~~ 1~~~~~<;':.0 J-U-B and CLIENT shall indemnity and hold harmless J-U.8 trom all claims, damages, losses and expenses
CONTROLLING LAW
This Agreement is to be governed by the law ot the State of Idaho. principal place of business at J.U-B.
SUCCESSORS AND ASSIGNS
CLIENT and J-U-8 each is hereby bound and the partners. successors, executors, administrators and legal representatives of CLIENT and
J-U-8 are hereby bound to the other party to this Agreement and to the partners, successors. executors, administrators and legal
represenlatives of such other party. in respect of all covenants, agreements and obligations of Ihis Agreement.
and N~t~~We~"o~';; :~~~~:¡¡,~~:,n~~~~~~[e~op~:~~~1 tl; ~~~; Aa;,~~¡¡'~~to~~'b~e~; ¡~~~~I~~~â';;;~I~:~¿'~~~~~t06~~l¡~~r a~~Et~_~n~n~~~i
for the benefit of any other party.
TIMES OF PAYMENTS
J-U-B shail submit monfhly statements for services rendered and tor Reimbursable Expenses incurred. CLIENT shall make prompt monthly
payments. It CLIENT tails to make any payment due J-U-8 far services and expenses within ten (lO) days atter receipt of J-U-8's statement
theretor, the amounts due J.U.B wiil be increased at the rate ot 1 % per month trom said tenth day, and in addition, J-U-B may. atter giving ten
days' written notice to CLIENT. suspend services under this Agreement until J.U.8 has been paid in fuil ail amounts due tor services. expenses
and charges.
TERMINATION
The obligation to provide further services under this Agreement may be terminated by either party upon thirty days' written nofice in the
event of substantial tailure by the other party to pertorm in accordance with the terms hereof through no fault ot the terminafing party. If this
Agreement is terminated by either party, J.U-8 will be paid tor services rendered and for Reimbursable Expenses incurred to the date of such
terminafion plus an allowance tor demobilizafion costs as determined by J.U.B.
RISK ALLOCATION
The CLIENT is aware at the risks, rewards, and benefits at the project and J.U.8's total fee tor services. The risks are hereby allocated such
that the CLIENT agrees that, to the fuilest exfent permitted by law. J-U-8's total liability to the CLIENT for all injuries, claims, expenses, damages or
ciaims expenses arising out ot this a~eement trom any cause, shall not exceed fiftyJ'cercent of the amount of J.U-8's insurance covering such
~~?i~ :g~ It':'J~e~e~l~g~e~~, ~~~;~ o~I~¡¡¡n~.r S~~¡'iI~~~~~~~ ~~;,ec~~í Ii',¡s ~~~:em~~tOf this Agreement Such causes include, but are not
HAZARDOUS WASTE AND ASBESTOS
In considerafion ot the unavailability of professionalliabiiity insurance for services involving or related to hazardous waste elements of this
Agreement, or for the removal or encapsulation at asbestos. it is furfher agreed that the CLIENT shail indemnify and hold harmless J-U-8 and
their consultants, agents ond employees from ond against all claims, damages, losses and expenses direct and indirect, or consequential
~c;,n;,c;,~~~~"o~~~I~~ t~~t,.Dg¡ i~itf8-~~ :~fa~~ a~~~~~n8!B ~~g~~oa~~z~~uo~;~~~~t~rna~b~~~~~?i~i;.;',sts, arising out ot or resulting trom
MEDIATION BEfORE LITIGATION
No action ar lawsuit shall commence nor recourse to a judicial forum be made (hereinotter 'litigatlon'") until CLIENT, J.U-8. and/or other
Parties ot Real Interest have commenced. participated in and concluded nonbinding mediation. pursuant to the rules at mediation.
LEGAL fEES
In the event of any action brought by either party against the other to entorce any at the obligalions hereunder or arising out ot any
dispule conceming the terms and condilions hereby created. the iosing party shall poy the prevaiiing party such reasonable amounts for fees,
costs and expenses. including attorney's tees as may be set by the Court.
EXTENT Of AGREEMENT
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J-U-B.
J-V-B -02
J-U.B ENGINEERS, Inc.
Project 11950, Attachment A'
--
"'" ...U~
CITY OF MERIDIAN - 2003 SEWER MODEL UPDATE
J.U-B Project No. 11950, ATTACHMENT "A"
AUGUST 2003
SECTION 1 - PROJECT UNDERSTANDING
The City intends to update their 1998 sewer master plan model(ultimate system) to reflect changes in
land use, service area, constructed trunk system, and future trunk system. In addition to the updating
the City's master plan model, a brief summary update report will be prepared.
SECTION 2 - ITEMS PROVIDED BY THE CLIENT
The City shall provide J-U-ß the following items at no cost:
D Provide updated copy of existing sewer model.
D Provide COMPASS base mapping in the study area.
D Provide digital copies of preliminary plans, final plats, concept plans, record drawings, and
any other pertinent available drawings that may affect future trunkline routing.
D Provide a copy of the comprehensive plan.
SECTION 3 . SERVICES TO BE PERFORMED BY J-U-B
J.U.ß shall furnish data and services specifically limited to the following for the 2003 Sewer Model
Update Project:
D Create base mapping to include COMPASS aerial topographic mapping.
D Perform spot topographic survey at critical drain crossings and pipe inverts.
D System: Merge Master Plan with current existing system model. Modify model for Preliminary
Plats. Revise ground and drain crossing elevations in Master Plan to reflect COMPASS ground
surface elevations,
D Service Area: Check and modify service area for merged system. Modify service area where
preliminary plats are available. Modify to reflect changes in area of impact.
0 land Use: Review with the City's adopted Comprehensive Plan. Meet with the City and
modify for service areas. Modify to reflect changes in area of impact.
D Perform minor detail analysis for North Slough and McDermott Lift Station areas.
D Run updated Model and troubleshoot.
D Submit four (4) copies of a draft Master Plan update report.
D Meet with the City to review model results.
D Finalize and submit six copies (6) of Master Plan update,
F:\pM\phk\119S0.meridian sewer master plan update\119S0.pm\wntract-billing\attachA.doc
City of Merid/an -2003 Sewer Master Plan Update
Page-1
CITY OF MERIDIAN
2003 SEWER MASTER PLAN UPDATE
PROJECT 11950, ATTACHMENT "8"
CITY OF MERIDIAN - 2003 SEWER MODEL UPDATE
PRELIMINARY WORK-DAY. ESTIMATE
TASK .'. ....',)i.. .'. .i'," Prindpal Project " Land. Survey Drafts- Survey GPS Task
Manager Engineer ;EIT.... Surv",yor .Tech man Clerical Crew Equip Subtotal
Approx. Employee Hourly Pay Rate $36 $30 $20 $27 $20 $18 $15 $35 $80 Cost.. ....
Project Kickoff 0.25 0.25 0.25 $550
Develop 8ase Mapping . 0.25 3 $1,510
Review Existing and Master Plan Models 0.25 0.5 $448
System - Merge Master Plan Drawing 0.25 0,5 2 $1,638
System - Modify Trunks through Pre.Plats 1.5 $768
System - Update Ground Elevations, a: Drain Crossings 0.25 2 0.25 0.25 1 0.5 $2,733
Service Area - Check 0.25 1.5 $960
Service Area - Modify for Merged Lines 2 $1,024
Service Area - Modify for Pre-Plats 0.25 1 $704
Service Area - Connect 0.5 $256
land Use. Modify to Match Service Areas 1 $512
land Use. Modify to Match Comp Plan 0.25 0.5 3 $2,150
land Use. Modify for Pre-Plats 1 $512
Run, Troubleshoot and Modify Model 0.5 1 2.5 $2,509
QC Check on Model 0-5 0.25 $512
Write Draft Master Plan Update Report 1 0.25 3 2 1 $3,955
Meet wi City and Review 0.5 0.5 0.5 $1,101
Finalize Master Plan Update Report 0.25 2 1 1 $2,099
....., .... ......, .. '., Total I~3 - 4.5 . 24.75 ... '0.25 0.25 6 2'.. 1 $23,401
IIBoi"m."P'bU,\Pcoj"ctM."g",\PHK\11950-m"idiDO 'ewe, m."D, pIDO\1195o-PMlCool,.'I-BilUoglM-D EStim"D - MDrtdiDO Model UpdDle 20O3.XlS
8/26/2003
Meridian City Council Meeting
September 2. 2003
Page2of51
MOTION CARRIED: ALL AYES
Item 3.
F.
G.
H.
I.
Consent Agenda:
A.
Approve minutes of August 19, 2003 Pre-Council Meeting:
B.
Approve minutes of August 26, 2003 Pre-Council Meeting:
C.
Findings of Fact and Conclusions of Law to Amend Conditions
of Approval: FP 03-038 Request to amend conditions of
approval on the Final Plat for Packard Acres No.2 by the City of
Meridian - east of North Wingate Lane and south of East Ustick
Road:
D.
Development Agreement: AZ 03-010 Request for annexation
and zoning of 39.15 acres from RUT to R-8 (PO) zones for
proposed Trailwav Park Subdivision by Hillview Development
Corporation - east of North Meridian Road and south of East Blue
Heron Lane:
E.
Sewer and Water Main Easements for Meridian School District
Bus Facility:
Sewer and Water Main Easements for Cobre Basin Subdivision
No.1:
Change Order No.1 for 2003 Sewer Cleaning - C-More Pipe:
Agreement for Professional Services for Sewer Master Plan
Update - JUB Engineers:
Approve Bills:
Corrie: Next we have the Consent Agenda.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we approve the Consent Agenda as published and for the
Mayor to sign and the Clerk attest on all proper papers.
McCandless: Second.
Meridian City Council Meeling
September 2. 2003
Page3al51
Corrie: Motion has been made and seconded to approve the Consent Agenda, A
through I. Any further discussion? Hearing none, roll call vote, Mr. Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: All ayes. Motion carried.
MOTION CARRIED: ALL AYES
Item 4.
Department Reports:
Corrie: The next is Department Reports. Is Kenny here tonight? I just wanted to make
sure that everybody is aware that the auditorium at the middle school. They want to
have a signed consent for two hours for October 9, 2003, for the Fire Department
academy graduation and everything was in order here, I believe, Mr. Nichols, that we
just need to have me sign it to allow them to have the academy graduation there. I don't
-- unless you have any objections to the signing.
Bird: No.
Corrie: All right. Thank you.
Nichols: Mr. Mayor?
Corrie: Yes.
Nichols: Mr. Mayor, Members of the Council, this is a standard form agreemenl the
school district requires of every entity that uses their facility. It covers insurance,
janitorial, and those sorts of things and as often as we might use those facilities, it might
be, you know, a continuing type approval to do that, as long as it's nothing out of the
ordinary. I guess we might ask them -- of course, they no longer use this facility and I
don't think we have asked them to do it before when they have used this facility for their
meetings, so -- but they required it.
Corrie: Anything further on that, then? Okay. I don't know about Kenny, but thank you.
Item 5.
(Items Moved from Consent Agenda)
Corrie: Number 5 is items moved from the Consent Agenda. We haven't any.
Item 6.
Ordinance No. AZ 03-010 Request for
annexation and zoning of 39.15 acres from RUT to R-8 (PD) zones for
proposed Trailwav Park Subdivision by Hillview Development
Corporation - east of North Meridian Road and south of East Blue Heron
Lane: