HomeMy WebLinkAboutEngineering Service Agreement with Keller Associates, Inc. for N. Slough Sewer Trunk Design
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FramI Karie Glenn~ ~
City of Meridian, Public Worlc
Engineering
RECEIVED
JAN 2. ., 2004
City of Meridian
City Clerk Office
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From the desk of..,
Karle A Glenn
Depl Spocl;lliot SUpeIVisor
PIJb/ic Worfœ: ~ DMsIon
6eO E VllátertDwl¡f Ste 200
Merldian,ldaho 83642.2600
(208) ~
Fax: (208) SQ8.9551
AGREEMENT FOR ENGINEERING SERVICES
In Association with Design and
Construction of the North Slough Sewer Trunk Design
KELLER ASSOCIATES, INC.
This Agreement is made and entered into between the City ofl~idian, Idaho (herein called OWNER)
and Keller Associates, Inc. (herein called CONSULTANT) this day of January, 2004.
In consideration of the mutual promises herein contained, the OWNER and the CONSULTANT agree
as follows:
1.
Scope of Services
During the terms of this Agreement, CONSULTANT shall furnish to the OWNER, Design
Engineering services as set forth in Section 2 of Attachment A, attached hereto, and made a
part hereof. Such services shall be performed by individuals as employees of CONSULTANT,
an independent Contractor, and not as employees of the OWNER.
2.
Period of Aqreement
The Agreement shall commence on the first above written date and terminate upon completion
of construction.
3.
Payment Rates and Billinq
3.1
As compensation for Design and Construction Engineering Services to be performed by
CONSULTANT, the OWNER will pay CONSULTANT the amount set forth in Section 3 of
Attachment A attached hereto. OWNER shall not have any liability for any other
expenses or costs incurred by CONSULTANT, unless otherwise provided in the
Attachment or authorized by the OWNER.
3.2
CONSULTANT shall keep accurate records of the time expended. Payment for services
performed by CONSULTANT shall be made at the end of each month upon the
submission by CONSULTANT of invoices or time statements to the OWNER.
Invoices submitted by CONSUL T ANT will:
A.
Accurately describe services rendered during the invoice period, including
respective dates of performance and any reports submitted.
B.
Identify any other authorized expense incurred hereunder; and
C.
Make reference to this Agreement (Keller Associates' project number) or
otherwise identify the invoice in such a manner as the OWNER may reasonably
require.
3.3
The CONSULTANT shall not take any action hereunder which could cause the amount
for which OWNER would be obligated to CONSULTANT to exceed the sum of the fees
1030S3/1/03-661
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103083/1/03-661
defined in the Attachment provided, however, that this sum may be increased or
decreased from time to time by the OWNER in writing if extra work is required or the
scope of work is adjusted for any reason. For other than lump sum (fixed fee)
agreements, CONSULTANT shall advise the OWNER in writing when costs incurred
under this Agreement are equal to seventy-five percent (75%) of the aforesaid sum.
4.
Data
CONSULTANT agrees that ail data and information such as designs, drawings, reports,
blueprints, and the like generated in the performance of this Agreement and data and
information which are specific to be delivered or which are, in fact, delivered pursuant to this
Agreement shall be and remain the sole property of OWNER. CONSULTANT shall deliver all
data and information to the OWNER upon OWNER's request, and shall be fully responsible for
the care and protection thereof until such delivery. Except as otherwise provided in this
Agreement, said documents shall be deiivered to OWNER without additional costs to OWNER.
5.
Termination
The OWNER and CONSULTANT may terminate this Agreement in whole or in part at any time
be giving 30 days written notice thereof. Upon said termination, CONSULTANT will be
reimbursed for that portion of the work satisfactorily completed prior to termination and shall be
entitled to reasonable damages.
6.
Chanqes
The OWNER, within the general scope of this Agreement, may at any time, by written notice to
CONSULTANT, issue additional instructions, require additional services, or direct the omission
of services covered by this Agreement. In such event, there will be made an equitable
adjustment in price and time of performance, but any claim by either party for such an
adjustment must be made within thirty (30) days of the receipt of said written notice.
7.
Compliance with Laws
To the extent applicable hereto, CONSULTANT shall in the performance of this Agreement
comply with all Federal, State, and local laws, all regulations and orders issued under any
appiicable law, and all State regulations.
8.
Standards
All services hereunder shall be performed by employees or agents of CONSULTANT who are
experienced and highly skilled in their professions and in accordance with the standards of
workmanship in their professions. CONSULTANT warrants that its findings, recommendations,
and professional advice shall be based on practices and procedures customarily used in its
profession and asserts it will employ the current state-of-the-art and accepted standard industry
practice in performing the services defined herein.
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Page 2
12.
9.
Records
The OWNER and, if the services are to be peñormed hereunder relate to a Federal or State
Government Contract, the Comptroller General of the United States, and the Department or
Agency of the Government having cognizance over said prime Contract, and any of their duly
authorized representatives, shall, until the expiration of 3 years after final payment under this
Agreement, have access to and the right to examine any directly pertinent books, documents,
papers, and records of CONSULTANT involving transactions related to this Agreement.
10.
Gratuities
CONSULTANT warrants that neither it nor any of its employees, agents, or representatives has
offered or given any gratuities to OWNER's employees, agents, or representatives with a view
toward securing this Agreement or securing favorable treatment with respect thereto.
11.
Insurance
CONSULTANT shall provide professional liability indemnification to protect the OWNER and
granting agencies from CONSULTANT's negligent acts and errors of omission of a professional
nature.
Owner Furnished Services
The following services would be provided by the OWNER in completion of this project:
a.
Provide access to relevant record drawings, master plans, county GIS mapping, base
mapping with contours in AutoCAD and other relevant information of record.
b.
Execute and pay for all necessary right-of-way or easements for construction. Provide
assistance and review during the appraisal and negotiation process.
c.
Ada County horizontal and NAVD88 vertical datum information will be used for all
surveying work.
d.
Provide fulltime inspection services and all other services not included in Keller
Associates Scope of Work unless additional services are requested of Keller Associates
by the City at an increase in cost.
4E»
103083/1/03-661
Page 3
In Witness Whereof, the parties hereto have executed this Agreement as of the date first above written.
CLIENT: CITY OF MERIDIAN
CONSULTANT: KELLER ASSOCIATES, INC.
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Tam eWeerd
By:
Title: Mavor
-ß~jhL
ames L. Kellár
Title: President
Attested: William G. Bera Jr.
Attested: Donn Carnahan
Title: Cit Clerk
103083/1/03-661
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Project Manaaer
Page 4
December 2, 2003
ATTACHMENT "A"
AGREEMENT FOR CIVIL ENGINEERING SERVICES
NORTH SLOUGH SEWER TRUNK DESIGN
CITY PROJECT NO. -
SECTION 1
Owner Information and Responsibilities:
The following data and/or services are to be provided by the OWNER without cost to the
CONSULTANT.
A.
Provide ongoing review of the CONSULTANT work and timely consideration of policy issues at
a time acceptable to both the OWNER and CONSULTANT.
B.
Provide access to relevant record drawings, master plans, county GIS mapping, base mapping
with contours in AutoCAD and other relevant information of record.
C.
Execute and pay for all necessary right-of-way or easements for construction. Provide assistance
and review during the appraisal and negotiation process. Set ground rules for negotiations.
D.
Day-to-day inspection.
E.
Mail a flyer, prepared by CONSULTANT and approved by OWNER, to adjoining landowners
informing them of the project and seek permission of access for the CONSULTANT to perform
work.
F.
Provide pipe sizes for sewers stubbed out to service areas. The proposed trunk will vary ITom 24
inches to 21 inches in diameter and will be approximately 10,000 feet long.
G.
Review and execute any necessary agency developed agreements with the owner of
irrigation/drainage facilities, if needed.
H.
Review and execute necessary agency developed agreements related to utility crossing of ACHD
controlled right-of-way. CONSULTANT will provide work related to legal descriptions and
maps.
103083/1103-662
Attachment "A"
2.5
2.6
2.7
2.8
December 2, 2003
SECTION 2
Preliminarv Alil!Dment Services to be Performed by the CONSULTANT:
The CONSULTANT shall furnish services specifically limited to the following:
2.1
Project Updates
Throughout the length of the project, the CONSULTANT will submit a monthly progress report
that includes a current invoice, a description of the completed tasks, estimate of percent
completion, and other relevant information related to the project schedule.
2.2
Aerial Photos
Utilize aerials photos for project planning, environmental efforts, and presentation during
meeting with property owners. These photos will not be rectified and will not include contours.
2.3
Spot Elevation Survey
Perform spot elevation survey within project area generally bounded by Linder Road, Chinden
Boulevard, Locust Grove and McMillan Road. The intent of this survey is to supplement the
contour mapping provided by the City and to confirm elevations that may be needed in the
Preliminary Alignment analyses. This work does not include a full topographic survey.
2.4
Review Preliminary AlÏlrnment
Using GIS mapping provided by the City, existing contour mapping, spot elevation data, and
findings ITom the Preliminary Site Survey and Wetland Assessment, review the preliminary
horizontal alignment for the trunk line. No vertical profiles will be developed at this time, except
sanitary sewer depths will be estimated at key locations. Meet with City to review concept and
get concurrence.
Initial Property Owner Contacts
Prepare a project introductory letter for the City to review and mail. This letter should introduce
the project and Keller Associates as the consultant. This letter should also include the Advice of
. Rights easement acquisition document. Make contact with property owners to review the
project, preliminary alignment and the easement acquisition process. Seek input, comments, and
concernsftom property owners. Have property owners sign a permission letter to access
property. Document results and forward to the City and property owners.
Meridian Review
Meet with the City to review the findings of the preliminary alignment review and property
owner contacts. Make decisions regarding changes related to the preliminary alignment.
Revise Preliminarv Aliemnent
Revise the preliminary horizontal alignment based on City comments.
Second Propertv Owner Contacts
Make second contacts with property owners to review the revised alignment. Seek input,
comments, and concerns. Document results to City and property owners.
IO3083/lIO3-662
2
Attachment "A"
December 2, 2003
2.9
Agencv Coordination
Coordinate with ACHD and the various utility companies. Write a letter to confirm findings and
initiate the process to develop an agreement, if needed, with the agency. The City will review
and execute any necessary agency agreements.
2.10
Settlers' Irrigation District
Contact the Settlers' Irrigation District to research and confirm ownership of the Main North
Slough and the North Slough No.2. Meet with Nathan Draper to review the proposed project.
Write a letter to confirm findings and initiate the process to develop an agreement with Settlers'
Irrigation District and Meridian. The City will review and execute any necessary agreements.
2.11
Select Alignment
Compile property owner comments and meet with the City to review project status. Make
selection of preferred alignment and issue a notice to proceed with other design tasks.
Easement AcQuisition Services to be Performed bv the CONSULTANT:
The anticipated scope involves work related to 10 parcels. The CONSULTANT shall furnish services
specifically limited to the following:
2.12
2.13
2.14
2.15
Preliminarv Title ReDorts
Based on the preferred and selected alignment, order Preliminary Title Reports for all affected
properties from a title company.
Parcel Map
Develop a parcel base map showing parcel boundaries and right-of-way for the project.
Incorporate design work developed as part of the Final Design Section of this scope.
Legal Descriotions & Maps
Using standards related to easement width requirements, refine easement requirements for the
trunk line. Write metes and bounds legal descriptions for the easements. Develop a map in
AutoCAD to serve as an attachment to the legal descriptions.
Aooraisals
This work will not begin until the City has approved the alignment and sufficient work has been
completed to accurately define the [mal alignment. Perform property appraisals using the Short
Form Sunnnary (2288 Format). The 2288 short form appraisals should be adequate to support
just compensation estimated for the ownerships impacted by this project. Each short form
appraisal will include an adequate amount of information, market data, and reasoning in order to
provide the property owner a supportable estimate of just compensation. The proposed fee did
not include work associated with the "before and after" appraisal reports. In our opinion, the
"before and after" appraisal reports will not be required to support just compensation estimates
for the impacted parcels. Narrative appraisals reported in a "before and after" format should not
be necessary unless the project causes permanent damage to the real estate by adversely
impacting the use of existing improvements or alter the highest and best use of the property.
Should the City require or otherwise determine that "before and after" appraisal reports are
needed for the project, any engineering compensation adjustments will be negotiated at that time.
103083/1/03-662
3
Attachment "A"
2.17
December 2, 2003
2.16
Neø>tiations
A City approved negotiator will perform this work. Meet with City to establish ground rules and
special requirements and review and update the Meridian City Easement Acquisition Policies.
Negotiator will call upon property owners to negotiate easement. Work anticipated for 10
parcels.
Easement Contract Forms
Complete an Easement form for each parcel. Include special conditions or requirements of the
contract and attach legal description and map. Submit package to City. City will proceed with
execution of the contract, make payments, and execution and recording of the formal "Grant of
Easement".
Environmental Services to be Performed bv the CONSULTANT:
Tasks 2.18 through 2.21 will begin immediately. The CONSULTANT shall furnish services specifically
limited to the following:
2.20
2.18
2.19
Agencv Contacts
Make preliminary contacts with appropriate natural resource regulatory agencies such as the US
Army Corps ofEngineers (USACOE), the Idaho Department ofFish and Game (IDF&G),the
Idaho Division of Environmental Quality (IDEQ), Environmental Protection Agency (EP A) and
the Idaho Department of Water Resources (IDWR). Obtain wetland and other related natural
resource information for the site. IdentifY critical issues or other agency topics of concern, if any.
Data Collection
Gather the following preparatory data, as applicable:
A. USGS topographic maps,
8. National Wetland Inventory (NWI) maps,
C. Natural Resource Conservation Service (NRCS) soil surveys,
D. aerial photographs of the project area,
E. site survey plans and engineering designs,
F. stream flow data, if available,
G. documents and maps, as appropriate, fÌ"om the City of Meridian or other agencies.
H. EP A stormwater permit application, if necessary.
Preliminarv Site Survey & Wetland Assessment
The intent of this task is to detemúne if the project impacts wetlands and determine if these
wetlands are c1assifiedjurisdictional wetlands under Section 404 of the Clean Water Act. Walk
site with the Army Corps of Engineers. This scope of work is based on not having any
jurisdictional wetlands in the project area. If jurisdictional wetlands are determined, delineation
and mitigation plan would be covered under Additional Services.
103083/1103-662
4
Attachment "A"
December 2, 2003
2.21
Environmental Project Manal!ement
Project Management, correspondence, meeting and record keeping.
Desil!D Services to be Performed by the CONSULTANT:
The CONSULT ANT shall furnish services specifically limited to the following:
2.22
2.23
2.24
2.25
2.26
2.27
Pre-Desil!11 Meetinl!
The CONSULTANT shall attend a meeting with the OWNER for the purposes of obtaining
project information and to receive any general direction the OWNER may have with respect to
proceeding with the project.
Utility Research
The CONSULTANT shall contact and receive utility information fÌ"om affected utilities
including, but not limited to, gas, power, telephone, storm drainage, cable T.V., irrigation, and
other utilities which may be affected by the proposed construction. The CONSULTANT will use
"Dig-Line" to verify utility line locations. Actual field pot-holing will not be part of this
agreement, unless added as a necessary additional service by OWNER written approval.
Desil!11
The CONSULTANT shall be responsible for preparing the design in conformance with local
agencies' policies including ACHD, shall be responsible for consideration of traffic access,
pipeline grades necessary to service surrounding service area and buildings, compliance with
separation from water lines and wells in conformance with the State Drinking Water Act, and
other items necessary for proper construction of the project.
Note Reduction. Mappinl! & Desil!l1 Draftinl!
The CONSULTANT shall perform mapping and design drafting in an AutoCAD format. The
drawings shall be at an appropriate scale, and shall include Meridian City standard notes, vicinity
maps, sheet indexes, north arrows, and bar scales. The design drawing shall utilize the ISPWC
standard symbols and shall identify pipe size and type, pipe slope, invert elevations, surface
repair required, adjacent property addresses, property lines, right-of-way, street names, elevation
benchmarks, survey control, topographic features, utilities, and any special details necessary for a
high quality, bidable project. The drafting shall be performed on a 22" x 34" vellum.
Specifications and Contract Documents
Specifications and Contract Documents shall be in accordance with the Idaho Standard Public
Works Construction (ISPWC) format and Meridian City revisions thereof. The CONSULTANT
shall be responsible for preparing plans and specification for bidding.
Plan Review
Upon 75% completion of the plans and specifications, the CONSULTANT shall submit review
sets of plans to all affected utilities, ACHD, DEQ and three sets for the OWNER's review and
comments.
103083/1103-662
5
Attachment "A"
2.28
2.29
2.30
December 2, 2003
Revisions
The CONSULTANT shall incorporate all revisions as suggested by the OWNER and the utilities
in the final set of plans and specifications.
ÛDinion of Probable Cost
The CONSULTANT shall prepare an opinion of probable construction costs at two different
times during the project. Near the conclusion of preliminary design an opinion of probable cost
will be developed for each alternative alignment under consideration in the preliminary design
process. These estimates will be presented to the OWNER during the final selection alignment
meeting. These preliminary opinions of probable cost will include probable cost estimates only
for any alignments still under consideration at the time. The opinion of probable cost for the
final selected pipeline alignment will be updated to include easement acquisition and
environmental mitigation costs once fmal property owner contacts and appraisals have been
completed. A final design opinion of probable costs will also be prepared that will include all
land acquisition, right-of-way, easement, and pipeline construction costs. This final design
opinion of probable cost will be modified during the bidding process to include just an opinion of
probable construction cost which will be used for evaluating the contractor bids.
Deliverables to the City
Deliverables shall include 30 sets of plan and specification packages.
Construction Assistance Services to be Performed bvthe CONSULTANT:
Items 2.31 through 2.36 will be performed by the CONSULTANT if requested by the OWNER.
103083/1/03-662
2.31
2.32
2.33
2.34
2.35
Pre-Bid. Bid and Award
The CONSULTANT shall attend pre-bid meeting and walk through, answer all technical
questions referred to the CONSULTANT by the City relating to the project during the bid and
award process.
Addenda
When requested by the OWNER, the CONSULTANT shall prepare addenda as necessary during
the bid process to clarifY bidding requirements. The City will distribute addenda as required.
Pre-Construction Conference
The CONSULTANT shall attend a pre-construction conference for this project. The City shall
make all of the necessary arrangements for time, date, and place.
Weeklv Construction Meetings
The CONSULTANT shall conduct weekly construction meetings to discuss project cost,
schedules, problems and tour project site. The CONSULTANT will prepare agendas and
meeting minutes. This task is based on a four month construction period.
ShOD Drawing Review
When requested by the OWNER, the CONSULTANT shall be responsible for any necessary
shop drawing reviews for the project.
6
Attachment "A"
2.36
2.37
December 2. 2003
Chanlre Orders
When requested by the OWNER, the CONSULTANT shall participate in the negotiation and
preparation for any necessary change orders for the project.
Construction Staking
The proposed fee does not include construction staking.
compensation will be negotiated at that time.
If requested by the OWNER,
Topographic and DesÎl!D Survev to be Performed by the CONSULTANT:
The Consultant shall furnish services specifically limited to the following:
1O3083/11O3-é62
2.38
2.39
2.40
Monument. Record MaD. and Benchmark Research
The CONSULTANT shall research the Ada County Surveyor's records for survey monuments
for the purpose of horizontal control for the project. The CONSULTANT will locate in the field
monuments of record which may be disrupted as a part of the construction. The CONSULTANT
shall reference these monuments on the Construction Plans provided to the City. The vertical
and horizontal datum shall be the same as shown on the City of Meridian 1998 Master Plan
Update (NA VD 88 Datum).
TODO!!l'aDhic Survey
The CONSULTANT shall perform a topographic survey along the preferred and selected
alignment; generally east fÌ"om Linder Road between Chinden Boulevard and McMillan generally
along the North Slough to Locust Grove Road. The survey shall locate all relevant features
necessary for a proper design of the project. As a minimum, all items shall be located within 50
feet of the proposed alignment. These items shall include wells, streets, outlines of buildings,
significant vegetation, sidewalks, driveways, utilities, building finish floor elevations, ditches,
drainage ways, trees, centerline elevations, and shall also include a search for monuments of
record and a physical survey of monuments that are found.
Survey Control
The CONSULTANT shall set temporary benchmarks (TBM's) and horizontal control points at
500' intervals along the alignment of the project. TBM's and horizontal control points shall be
delineated on the final Construction Plans provided to the City.
7
Attachment "A"
Project Schedule for the CONSULTANT:
2.41
December 2, 2003
Schedule
The project is based on receiving the Notice to Proceed on December 17,2003. This schedule is
contingent upon the success of acquiring easements, receiving the environmental approvals (iJ
needed), and timely reviews by the City, ACHD, DEQ and Utilities. If at any time during project
performance the CONSULTANT expects difficulty in meeting the schedule, the CONSULTANT
must notify the City in writing regarding anticipated schedule delays and specific tasks that are
causing the delays. The CONSULTANT and City shall meet to discuss overall project impacts,
negotiate contract schedule extensions, and determine the proper course of action.
Notice to Proceed
Ownership Determination
Mail Introductory Letter
Initial Property Owner Contacts
Preliminary Alignment
Property Owner Reviews & Walkthrough
Soils and Ground Water Investigation
Field Surveys and Investigations
Preferred Alignment Selected
Preliminary Design
Appraisals of Parcels
Final Easements and Permits
Final Design
Agency Approvals, DEQ
Advertise Project
Open Bids
Award Bid
Begin Construction
End Construction
103083/1103-662
12/17/03
12/22/03
1/7/04
1/28/04
2/11/04
3/3/04
3/10/04
4/7/04
5/12/04
5/26/04
6/16/04
9/15/04
9/29/04
10/13/04
10/27/04
11/30/04
12/15/04
1/5/05
5/11/05
8
Attachment "A"
December 2, 2003
SECTION 3
Basis of Fee and Billing Schedule
The OWNER shall pay CONSULTANT for its services and reimbursable expenses as follows:
Preliminary Alignment Services
Items 2.1 through 2.11, on a time and materials basis estimated at $ 21,396.00
Easement Acquisition Services
Items 2.12 through 2.17, on a time and materials basis estimated at $ 38,294.40
Environmental Services
Items 2. 18through 2.21, on a time and materials basis estimated at $ 4,964.00
Design Services
Items 2.22 through 2.30, on a lump sum basis of $ 43,906.40
Construction Assistance Services
Items 2.31 through 2.36, on a time and materials basis estimated at $ 19,160.80
Topographic and Design Survey
Item 2.38 through 2.40, on a time and materials basis estimated at $ 16,662.40
Excavate test pits, install piezometers, soils letter report at $4,000.00
TOTAL ESTIMATED CONTRACT AMOUNT:
$ 148,384.00
For all services to be paid by the OWNER to the CONSULTANT for work completed on
a time and materials basis, the CONSULTANT shall be paid for each hour each assigned
employee works on the project in accordance with the rates as identified in the Labor
Day/Fee Estimate. The rates include all costs for direct labor, indirect labor, travel costs
within the Meridian area, vehicles, surveying equipment, computer hardware and
software, and markup for profit. These rates shall remain in place during the course of
the project unless billing rate changes are specifically approved in writing by the
OWNER.
All reimbursable expenses shall be paid at the direct reimbursable expense cost times a
multiplier of 1.0. Reimbursable expenses shall include subconsultants, travel outside of
the Meridian area, equipment rental costs and plan and specification reproduction costs
over and above 30 sets of plans and specifications and any charges required ITom JUB,
aerial companies, the county or city in association with obtaining survey control and/or
GIS data.
103083/1/03-662
9
Attachment "A"
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