Loading...
HomeMy WebLinkAboutProfessional Service Agreement with Civil Survey Consultants for Water Main Survey - CIVIL SURVEY CONSULTANTS, INC. AGREEMENT FOR PROFESSIONAL SERVICES Project No. 02024 THIS AGREEMENT between THE CITY OF MERIDIAN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY CONSULTANTS, INC, an Idaho Corporation, hereinafter referred to as "CSC" is made and entered into this /4't!iday of ðc.:lc,i>e.y- , 2003. The CLIENT and CSC in consideration of their mutual covenants herein agfee as set forth below. The Client intends to replace existing water mains and appurtenances in Bower Street between Meridian Road and 2"d Street, ànd 2"d Street between Bower Street and Franklin Road as part of Ache's Franklin Road Storm Watef Conveyance Project No. 501019.0, hereinafter referred to as the PROJECT. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT wil1 provide to CSC a ful1 and complete description of the PROJECT including; all design criteria, information as to CLIENT's requirements for the PROJECT, design objectives and constraints, capacity and performance requirements, flexibility 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 othefs; soil borings, probings and subsurface explorations; hydrographic surveys; laboratory tests and inspection reports of samples, materials and equipment; studies and interpretations of al1 environmental assessment and impact statements; surveys of record; property descriptions; zoning, deed and other land use restrictions; title repor1s; 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 requifed for CSC to perform services under this Agreement. SERVICES TO BE PERFORMED BY CSC CSC will provide sefvices as outlined in the attached letter dated February 13,2003. BASIS OF FEE AND BILLING SCHEDULE The Client will pay CSC for services provided under this Agreement per the attached letter dated October 9,2003. Notice to Proceed, either verbal or written, shalI 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, the parties hereto have executed this Agreement as of the day and year first above written. TITLE: ATTEST BY: NAME: \tJì\~ìC>.W\ cS..ß" c.>k( e..\~....¡( APPROVED BY CITY COUNCIL: TITLE: '- CIVIL SURVEY CONSULTANTS,INe. TERMS AND CONDITIONS GENERAL - CSC shall provide for CLIENT professional engineering and/or iand 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 of the project. CSC makes no other warranty either expressed or implied. CSC shall not be responsible for acts or omissions of any party involved in the Project other than theif own. CSC shall not be responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by CSe. CSC has not been retained to supervise, direct or have control over Contractor's work. CSC specifically does not 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, CSC 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. The CLIENT understands and agrees that subsurface and soils characteristics may vary gfeatly between successive test points and sample intervals. CSC will coordinate this work in accordance with generally accepted practice of the professional services being provided and makes no othef warranties expressed or implied or as to the professional advice fumished 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 CLJENT understands and agrees that CSC has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining pfices. or ovef 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 assurance, 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 specifically 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 CLJENT 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 the PROJECT. . GOVERNING LAW - Unless otherwise provided in an addendum, the law of the State ofldaho will govern the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement. SUCCESSORS AND ASSlGNS . 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 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 CLJENT and CSC, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sale and exclusive benefit of CLIENT and CSC and not for the benefit of any other party. 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 fof services and ::. expenses within thirty (30) days after receipt of ese'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 Agfeement until CSC has been paid in full all amounts due for services, expenses and charges. TERMINATION - The obligation to provide further sefvices under this Agreement may be terminated by either party upon thirty days' written notice. Such termination shall be based upon substantial lack of performance by the other party under the terms and conditions of this Agreement when said substantial lack 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 ti1at tbe discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CSC and the CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CSC to take immediate measures to protect buman health and safety, and/or the environment. CSC agrees to notify the CLIENT as soon as pfactically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The CLIENT encourages CSC to take any and all measures that in CSC's professional opinion are justified to preserve and protect the health and safety of CSC's personnel and the 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 indemnify, defend and hold CSC hannless 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 for any time spent and expenses incurred by CSC in defense of any such claim, with such compensation to be based upon CSC's prevailing tèe schedule and expense reimbursement policy. DJSPUTE RESOLUTION - All claims, disputes or controversies arising out of, or in relation to the interpretation, application or enforcement of this Agreement shall be decided 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 DJSPUTE RESOLUTION COSTS - In the event that legal action is brought by either patty against the other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatevef 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 vaiue of time spent and the expenses incurred shall, on ese'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 fepresents ti1e 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 CLIENT and CSc. 't. G1enn K Bennett, P.LS. President Timothy A. Burgess. P.E Vice President Labor: Civil Survey Consultants, Inc. 100 South Adkins Way Suite 101 Meridian, Idaho 83642 (208)888-4312 Fax 888-0323 CIVIL SURVEY CONSULTANTS PREVAILING FEE SCHEDULE EFFECTIVE OCTOBER 1,2002 Project Manager - $ 90.00 per hour Chief of Surveys - $90.00 per hour Project Engineer - $ 70.00 per hour Design Engineer - $ 65.00 per hour Design/Survey Technician 1 - $ 60.00 per hour Design/Survey Technician 2 - $ 55.00 per hour Direct Expenses: GPS - $ 40.00 per hour Vehicle2-WheelDrive - $ NoCharge Vehicle 4-Wheel Drive - $ No Charge Outside Printing - $ Cost Long Distance Telephone - $ Cost Sub. Consultants - $ Cost ~ Glenn K. Bennett, PL.S. President Civil Survey Consultants, Inc. 100 South Adkins Way Suite 101 Meridian, Idaho 83642 (208)888-4312 Fax 888-0323 Timothy A. Burg"'. P.E. Vice President October 9, 2003 Len Grady City of Meridian 660 E. Watertower Meridian, ID 83642 Re: Water Main Upgrades - 2ad Street and Bower Street Dear Len: Thanlc you for considering Civil Survey Consultants to provide professional services for design of a water main upgrade associated with ACHD's FranidinRoad Storm Water Conveyance Project. The following is our understanding of the scope of services to be provided: The proposed water main upgrade begins at the intersection of Meridian Road and Bower Street, extends east to 2ad Street, then south to Franldin Road. New parallel 8-inch water mains will be installed and all existing services transferred over to the new main. All existing fire hydrants will be removed and replaced with new hydrants, Additional hydrants will be installed as directed by the City of Meridian. The existing mains will be abandoned in place once all services are transferred over to the new mains. The water main replacement project will be bid and constructed as part of ACHD's Franklin Road Project No. 501019.0. The plans will be prepared to be included in the ACHD bid package along with special provisions and a bid schedule. The plans will be prepared using construction drawings prepared by ACHD for the storm water conveyance project. Construction services will not be provided under this agreement. We propose to provide the Design Services as outlined above on a time and materials basis with a not to exceed amount of $ 1,500.00 without prior approval of tlle City of Meridian. If the proposed scope of services and fee estimates are acceptable please sign and return one copy of the enclosed Agreement for Professional Services. Sincerely, Civil Survey Consultants, Inc. Þ:--~ Tim Burgess, P.E. Meridian Ctty Council October 14, 2003 Page 2 of 45 De Weere!: Uh-huh. Nary: With all of those changes as noted by you, I'd move to approve the agenda as published. McCandless: Second. De Weerd: Okay. It's been moved and seconded to approve the agenda as amended. I will go over those amendments one more time, just for everyone's information. Item 3- A will be tabled until October 21et. 3-D will be pulled to Item five on the regljlar agenda. Item seven will be continued for one week to October 21st. Item 11 to October 21st. 12, 13, and 14, as well, to October 21st. It looks like we are going to have a full agenda already next week and then, Item 21 will be November 25th. All those in favor of the motion say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 3: G. H. I. Consent Agenda: A. Tabled from October 7,2003: Resolution No. Approving the Memorandum of Understanding with Meridian Firefighters Local 2311 regarding Wages: B. Approve minutes of September 23, 2003 City Council Regular Meeting: C. E. Approve minutes of September 23, 2003 Pre-Council Meeting: Water Main Easement for LDS Stake Center (McMillan and Linder): F. License Agreement with Nampa Meridian Irrigation District for LDS Stake Center (McMillan and Linder): License Agreement with Nampa Meridian Irrigation District for the Jackson Drain Pathway through Locust Grove Place Subdivision: Agreement for Professional Services for Meridian Development Corporation (MDC) Water Main Upgrades on East 2nd Street and Bower Street - Civil Survey Consultants: October 2003 Addendum to Development Agreement Correcting the legal description for AZ 00-026 Bear Creek Subdivision No.6 (fka J approved as Kodiak Development): Meridian City Council October 14, 2003 Page 30145 Bird: Madam President? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda with the changes of 3-A being tabled to October 21st, 2003. D, the resolution for Prosecutor / Criminal Legal Services, be moved to 5-D on the regular agenda and would ask for the Council President and the Clerk -- to sign and the Clerk to attest on all proper papers and I'd move that we approve the Consent Agenda. McCandless: Second. De Weerd: Okay. Irs been moved and seconded to approve the Consent Agenda as amended. Mr. Clerk, roll call. Nary: Madam President, could I ask a question before we do that? De Weerd: Uh-huh. Mr. Nary. Nary: Since we moved item seven - or tabled it to 10/21, is item I on the Consent Agenda, that appears to relate to the same development, is it okay to approve this or should we have moved that, too? Thafs the addendum to the development agreement regarding the same subdivision phase, so I didn't know - De Weerd: Mr. Nichols? Nichols: Madam President, Members of the Council, that's correct. It should be moved. Nary: Okay, Bird: I will change my -- if the second - McCandless: Second agrees, Bird: I will change to move item I on the Consent Agenda to 10/21/03. De Weerd: To 10/21/ O3? We were pulling D to Item five. Bird: But thafs got to go along with Item number seven, which is going on the regular -- De Weerd: Okay. Thank you, Mr. Clerk. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: ALL AYES.