HomeMy WebLinkAboutTask Order No. 10033.d with JUB Engineers for Ashford Greens Trunk Sewer~-,
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To: Jaycee L. Holman, City Clerk,
From: Keith Watts, Purchasing Manager
C: Jacy Jones, Ashley Newbry
Date: 11 /14/13
e: November 19 City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
November 19 City Council Consent Agenda for Council's consideration.
Approval of Task Order 10033.d for "Ashford Greens Trunk Sewer" to JUB Engineers
in the Not-To-Exceed amount of $60,099.00. This Task Order is written against the
current Master Agreement between the parties.
Recommended Council Action: Approval of Task Order 10033.d to JUB
Engineers for the Not-To-Exceed amount of $60,099.00.
Thank you for your consideration.
Page 1
Mayor Tammy de Weerd
Cy oneil em-p1®
Kefth Blyd
Brad Hoagfun
Charter Rountree
Datrid Zaremba
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Ashley Zumwalt Newbry
Staff Engineer
DATE: 8 November 2013
SUBJECT: TASK ORDER FOR CONSULTANT SERVICES WITH J-U-B
ENGINEERS, INC. FOR DESIGN OF ASHFORD GREENS TRUNK
SEWER, FOR ANOT-TO-EXCEED AMOUNT OF $60,099.00.
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I. RECOMMENDED ACTION
A. Move to:
1. Approve the Task Order with JUB Engineers, Inc. for Ashford Greens Trunk
Sewer project construction,
2, Authorize the Mayor to sign the Task Order,
II. DEPARTMENT CONTACT PERSONS
Ashley ZumwaltNewbry, Staff Engineer 489-0385
Clint Dolsby, Asst. City Engineer 489-0341
Warren Stewart, PW Engineering Manager 489-0350
Tom Barry, Director of Public Works 489-0372
li. DESCRIPTION
A. Background
JUB Engineers, Inc. completed design of this project back in 2006-2007 with the
North Black Lift Station. Design plans were preliminarily approved, but the
project had to be temporarily put on hold. Much of the previous design
information will be re-used and incorporated into the final design completion.
Page 1 of 2
B. Proposed Project
JUB Engineers, Inc. will design the extension of Line B of the North Black Cat
Trunk Sewer, which allows abandonment of the Ashford Greens Lift Station.
The project encompasses approximately 3,900 feet of 18" gravity trunk sewer
with the downstream connection point at manhole L6-56, immediately south of
Five Mile Creek on Black Cat Road. The upstream connection to abandon the
Ashford Greens LS will occur near Moon Lake Drive.
III. IMPACT
A. Fiscal Impacts:
FY 2014 Wastewater Enhancement #14 (3590-93505) $225,000.00
Ashford Greens Trunk Sewer Final Design (3590-93505) ~ 60,099.00
Remaining Funds for Construction $164,901.00
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Department Approval: ~ 3
amen Stewart ate
Page 2 oj2
TASK ORDER NO. 10033.d
Pursuant to the
MASTER AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
CITY OF MERIDIAN (OWNER) AND JUB ENGINEERS (ENGINEER)
This Task Order is made this 19th day of November, 2013 and entered into by and between the
City of Meridian, a municipal corporation organized under the laws of the State of Idaho,
hereinafter referred to as "City", and accepted by JUB ENGINEERS), hereinafter referred to
as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the
Master Agreement (Category 2c) between the above mentioned parties dated October 22,
2013. The Project Name for this Task Order 10033.d is as follows:
CITY OF MERIDIAN
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J-U-B Engineers, Inc will design and the CITY will construct the extension of Line B of the
North Black Cat Trunk Sewer, which allows abandonment of the Ashford Greens Lift Station
(LS). The project encompasses approximately 3,900' of 18"gravity trunk sewer with the
downstream connection point at manhole L6-56, immediately south of Five Mile Creek on
Black Cat Road. The upstream connection to abandon the Ashford Greens LS will occur near
Moon Lake Drive.
OWNER INFORMATION, RESPONSIBLITIES and PROJECT ASSUMPTIONS
1. The City will provide J-U-B with the following:
a) Record drawings of: 1) City's 18" sewer extension under Five Mile Creek; 2) Water
main extension on Black Cat Road; 3) Adjacent development plans; 4) Ashford
Greens LS; 5) South Black Cat Pressure Sewer, and other pertinent record
information.
b) Operational records from the CITY's SCADA data at Ashford Greens LS for possible
by-pass pumping information.
c) GIS shape files.
d) CCTV inspection video of existing 18" sewer under Five Mile Creek.
e) Provide on-going review of J-U-B's work and timely consideration of policy issues with
a time acceptable to the CITY and J-U-B.
f) Pay for all permits and fees needed for the project.
Task Order 10033.d ASHFORD GREENS TRUNK SEWER Page 1 of 8
JUB ENGINEERS
g) Provide project manager to serve as a liaison with other City departments and division
to facilitate the project reviews and approval process.
2. The City will provide the following during the bidding and construction process:
a) all bidding and contract documents including, but not limited to, advertisement for
bids, bid forms, contacts/agreements, condition of the contract, award, bonding and
insurance requirements.
b) incorporate J-U-B's technical specifications and drawings into Bidding and Contract
Document using the City's contracting boiler plate to bid the construction of the facility.
c) provide all administration to bid the project.
d) the CITY will distribute the Bidding and Contract Documents for the construction of the
facility.
e) following a review of the bids received for the construction of the facility, the CITY will
award and execute the Agreement with the successful bidder.
f) during construction of the project the City will provide construction engineering,
administration and observation services as necessary, unless the City directs J-U-B to
provide these as additional services
3. Project Assumptions
a) Exact locations of utilities are not known and may affect the alignment during
construction.
W
J-U-B's scope of services is specifically limited to the following:
Task 1 -Project Meetings and Administration
1. Kickoff Meeting: Attend akick-off meeting with CITY staff for the purpose of discussing
the project approach and obtaining information that may be available from the CITY.
Abandonment of Ashford Greens LS will be discussed.
2. Progress Meetings: Attend progress meetings with the CITY staff as needed to discuss
project status, provide task order status summaries, present deliverables, and
receive direction from the CITY. It is anticipated that two (2) additional meetings may be
required.
3. Project Administration and Tracking. Monitor team progress, action item lists, task
deadlines, items needed from the CITY, provide documentation, subconsultant
administration, permitting milestones, and critical path items as needed. J-U-B shall utilize
as practical extent as feasible, use E-Builder, the City's project management software, for
transmission of project documents to the City including invoicing, reports, any electronic
plan submittals, and construction submittal review.
Task 2 -Topographic Survey Update
J-U-B shall update the topographic survey completed in 2006-2007 along the proposed
alignment full width ROW width on Black Cat Road, and shall include the following:
Task Order 10033.d ASHFORD GREENS TRUNK SEWER Page 2 of 8
JUB ENGINEERS
1. Research and Utility Updates: Update research on land monuments, plats, records of
survey, and right-of-ways (ROWs) on the project sites. Utility companies will be
contacted prior to survey via Dig-line to request field locations of utilities and available
utility mapping. Utilities will be shown to the extent they are visible in the field or
located by the utility or Owner. Two (2) title reports will be ordered on properties
adjacent to the Eightmile Lateral Crossings.
2. Survey Control: Establish survey control along the alignment using NAD83(CORS)
(horizontal), NAVD88/Geoid09 (vertical), Idaho West State Plane Coordinate system
(1103) scaled to the Ada County G.I.S. system, based on IDTD CORS epoch 2002
(PID:AJ3346). Temporary construction benchmarks (T.B.M.s) will be established in the
vicinity of the construction site. ROW's will be established and shown on the basemap
using Ada County G.I.S. data with exception of the two properties immediately south of
Ustick Road, and adjacent to Black Cat Road. These property lines will be established
from deeds and visually located land monumentation.
3. TBM's: Establish temporary construction benchmarks (T.B.M.'s) at 500' intervals.
4. Topographic Survey Update: Field walk existing topographic survey and determine
extent of new physical features that require collection. The existing topographic survey
with new utility markouts and utility mapping. Detail critical tie-in locations and irrigation
details on the Eightmile Lateral Crossing at Ustick Road. Existing utilities shall be
located to the extent that they are visibly marked by the utility companies.
5. Base Mapping: Convert existing base mapping into compatible CADD software and
update with new topographic data. Prepare base sheets at a 1" = 40' scale, 22"x34"
ANSI size "D"sheets.
Task 3 -Final Design Services
1. 75% Final Design: Complete final design and prepare 75% complete construction
package which includes the following subtasks:
a. Update horizontal and vertical alignments as necessary to incorporate updated
topographic information and new tie in locations. The design will be based on
compliance with the 2010 Sewer Master Plan, point of connection coristraints,
Ashford Lift Station abandonment, ACRD/CITY utility corridor compliance, utility
separations, utility conflicts, constructability, construction access, excavation depths,
irrigation crossings, minimization of pavement repair and impacts to public traffic
access. Prepare plans and profile sheets for the trunk sewer.
b. Develop preliminary site plan for the Ashford Greens LS abandonment. Include
abandonment of the dual pressure sewers.
c. Update the crossing plan for the Eightmile Lateral with input from the kickoff meeting
with ACRD.
d. Prepare a preliminary SWPPP narrative and accompanying drawings that will
Include the Eightmile Lateral crossing and the Ashford Greens LS abandonment.
(City Environmental Division will review)
e. Prepare a preliminary Traffic Control Plan (TCP) that will include Black Cat Road
and the Ustick Road intersection (Ada County Highway District will review).
Task Order 10033.d ASHFORD GREENS TRUNK SEWER Page 3 of 8
JUB ENGINEERS
f. Prepare technical specifications for items that are not covered or are in addition
(clarification) to the 2012 ISPWC and Meridian's Supplemental Specifications and
Standard Drawings (2008 Edition). Technical Specifications will conform to the
formatting in the ISPWC.
g. Perform initial QA/QC.
h. Meet with the CITY to review 75% complete plans and receive comments and
direction from the staff. The CITY will provide full review and comments from Public
Works Engineering staff.
i. Complete a field walk-through with CITY inspection staff and summarize field notes
with the CITY's project manager on relevant project issues discussed.
Deliverables:
75% Complete Plan Package
2. 90% Complete Design, Plans and Project Manual (Agency Review Set): J-U-B shall
complete the following subtasks in preparation of the 90% complete agency review
package.
a. Revise the alignment and profile from the CITY's review comments at the preliminary
design meeting as appropriate.
b. Complete final design of the trunk sewer with considerations for ACHD/CITY corridor
compliance, constructability, surface disturbance, sanitary separations, utility conflicts,
excavation depths, and other pertinent design issues.
c. Complete design of connection details, Ashford Greens lift station abandonment plans
and details, abandonment of the dual pressure sewers at receiving manholes and near
the lift station.
d. Complete design and detailing of Eightmile Lateral Crossing
e. Prepare 90% complete plan and profile sheets and detail sheets. Plan and profile
sheets will be prepared at 1" = 40' scale, 22"x34" ANSI size "D"sheets.
f. Finalize Special Provisions to the ISPWC format.
g. Revise and prepare SWPPP plan and narrative per the 2012 Construction General
permit and the CITY requirements and standards, and incorporate the plan into the
construction plans and technical specifications. The City Environmental Division will
approve the plan.
h. Revise and prepare final TCP including the lift station abandonment, pressure as well
as abandonment of the pressure sewers. (Ada County Highway District will approve
the TCP, see coordination Task 4).
i. Complete an internal QC review with asenior J-U-B engineer
j. Meet with the CITY to review submittal package and receive comments and direction
from the staff on the project.
k. Update the preliminary opinion of probable construction costs and Bid Schedule.
Task Order 10033.d ASHFORQ GREENS TRUNK SEWER Page 4 of 8
JUB ENGINEERS
I. The CITY will provide full review and comments from the Community Development
Divisions.
Deliverables:
i. 90% Complete Plans, three (3) copies.
ii. Technical specifications, one (1) hard copy and one (1) copy to Project
Manager by email in WORD format for editing
iii. Updated opinion of probable construction cost
3.100% Plans and Project Manual (Bid Ready)
a. Incorporate applicable CITY and Agency review comments into the plans and
technical specifications.
b. Submit 100% complete plans and contract documents to the CITY for review and
comment.
c. The CITY will provide a QLPE review of the Final Plans.
d. J-U-B will revise the plans per any comments from the QLPE review prior to running the
final bid ready project plans.
e. Submit a final opinion of probable construction cost.
Deliverables:
i. 100% Complete Drawings , 22"x 34"ANSI size D Size at a scale of 1"= 40',
four (4) copies
ii. Project technical specifications four (4) copies
iii. Final opinion of probable construction cost.
iv. Electronic pdf version of the Plans and Technical Specifications
Task 4 -Agency Coordination and Permitting
1. ACHD Coordination and Permitting
a. Coordinate alignments and crossing of the Eightmile Lateral with the Ada County
Highway District (ACHD) to establish acceptable corridor and replacement plan. In
addition, coordinate plan reviews and traffic control requirement. Tasks are assumed to
include:
1. Meet with ACHD to review past crossing plan under the RCB structure at the
Eightmile Lateral. An additional two(2) meeting are assumed to coordinate the
remainder of the project with ACHD.
2. Submit 75% crossing plan based on guidance from ACHD staff and hold
ACHD staff or comments.
3. Submit 75% Traffic Control Plan for initial review
4. Submit 90% Plan Set review for ACHD approval.
5. Coordinating possible additions (i.e. manhole addition) to the sewer extension
improvements of ACHD's project.
Task Order 10033.d ASHFORD GREENS TRUNK SEWER Page 5 of 8
JUB ENGINEERS
2. IDEA Submittal Packages
a. The CITY will provide QLPE review and approval of the design package once
completed.
3. NMID Permitting
a. Permitting with Nampa-Meridian Irrigation District (NMID) will be initiated for the
Eightmile Crossing. J-U-B will coordinate and submit 90% complete plans to the NMID
for review prior to initiating the license agreement.
b. J-U-B will prepare the necessary license agreement applications legal description,
exhibits and will pay the NMID License Agreement Fee (estimated at $350). It is also
assumed no floodway infringement will be considered as no aerial waterway crossing or
permanent fill placement will occur.
4. USAGE 404 Permitting
a. Prepare a USAGE 404 permit package for the trenched irrigation/drainage culvert
crossings. IDWR joint permitting is not required. This will include one application
showing the multiple culvert crossings and preparation of the necessary exhibits. No
wetland delineation will be performed as this work will be completed in the roadway.
J-U-B will coordinate and submit application package upon completion of 75% design in
Task 3.
Deliverables:
i. Agency submittal packages, checklists, calculations, etc.
ii. NMID License Agreement with supporting easement legal descriptions
iii. USAGE 404 Permit Package
Task 5 -Bidding and Construction Services
J-U-B will furnish the services specifically limited to the following at a time and materials, not to
exceed basis.
1. Bidding Services
a. J-U-B will provide 20 sets of the Plans and Special Provisions (including the
approved SWPPP) and the bid schedule for the City's incorporation into its standard
bidding documents for bidding purposes.
b. The City will prepare all "front-end" documents and all bidding documents will be
distributed through the City's Purchasing office.
c. Legal notice for advertisement of Bids will be prepared by the City.
d. J-U-B assist the City in responding to technical questions that the City is unable to
answer through review of the Contract Documents for City's use in preparation of
addenda.
e. J-U-B will attend apre-bid meeting to assist in answering bidders' questions and may
advise on preparation of any addenda necessary during the bid process.
f. If requested by the City, J-U-B will review Bidder qualifications and provide a
Task Order 10033.d ASHFORD GREENS TRUNK SEWER Page 6 of 8
JUB ENGINEERS
recommendation for contract award.
2. Construction Services: J-U-B's project manager/engineer will be available during
construction to assist the CITY as described below or specifically requested by the CITY:
a. Preconstruction Conference: J-U-B will attend the pre-construction conference with the
contractor, CITY and agencies.
b. Construction Assistance: J-U-B's project manager will be available during construction
as requested by the CITY. Items that will be included in this portion of the task may
include:
i. Shop Drawing and Product Data Reviews: J-U-B will review shop drawing and
product data submittals for compliance with the design and contract documents.
ii. Construction Administration: As requested by the City, J-U-B will assist the City in
review of claims, change order and work directive preparation, address questions or
RFI's, and other construction administration activities.
c. Construction Control Staking: J-U-B shall provide one (1) set of control staking for the
Contractor to perform construction staking. The Contractor shall be responsible for
protection of the staking and performing independent QA/QC of the control as the work
progresses, and if disturbance has occurred. Re-establishment of the control will be
performed on an additional time and materials.
d. Close-out Procedures: J-U-B may conduct a walk through with the City and prepare a
tentative punchlist to supplement the City's RPR list.
e. Record Survey: Upon completion of the work, J-U-B will complete a survey of the work
to include the rim elevations of all the manholes installed and will dip each manhole to
determine the elevation of the flowline inverts.
f. Record Drawings: J-U-B will prepare record drawings from drawings received from the
Contractor, City's RPR, J-U-B's record survey information and per the CITY'S Record
Drawing Requirements.
Deliverables:
i. One (1) paper set of the proposed record drawings to be reviewed by the CITY
prior to submitting the final as shown below.
ii. Three (3) sets of 22"x34" record drawings. Each sheet will be sealed by a
professional engineer with J-U-B standard disclaimer.
iil. Two (2) CD's:
a. One (1) will have the complete set of drawings in PDF format for
submittal to DEQ
b. One (1) will have the complete set of drawings in PDF and AutoCAD
format for City use.
Task Order 10033.d ASHFORD GREENS TRUNK SEWER Page 7 of 8
JUB ENGINEERS
TIME OF COMPLETION and COMPENSATION SCHEDULE
The following schedule is based on a Notice to Proceed (NTP) from the City by November 2013 and resulting in
Final Design being completed by August 2014. A NTP issued on a different date will change the schedule
accordingly.
COMPENSATION AND COMPLETION SCHEDULE
Task Description Due Date Compensation
1 Project Meetings ~ Administration On-going throughout other task $2,570
2 & 3 Topographic Survey Update &
Final Design Services Completed within 90 calendar days
subsequent to Task 2 $38,379
4 Agency Coordination & Permitting On-going as required $8,892
5 Bidding & Construction Services Completed as required by CITY's bidding
and contract award schedules $12,259
TASK ORDER TOTAL $60,099
The Not-To-Exceed amount to complete all services listed above for this Task Order No. 10033.d is sixty
thousand ninety-nine dollars ($60,099.00). No compensation will be paid over the Not-to-Exceed amount without
prior written approval by the City in the form of a Change Order. The hourly rates for services and direct
expenses are per the Master Agreement (by this reference made a part hereof] and will be the basis for any
additions and/or deletions in services rendered. Travel and meals are excluded from this Task Order unless
explicitly listed in the Scope of Services AND Payment Schedule.
CITY OF MERIDIAN
TAMMY de W ,MAYOR
JUB ENGINEERS
BY:
PHIL KRICHB UM, .E.
Dated: ~~ '~~' ~3
Approved by Council:
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E~ . HOLMAN, CITY CLERK _~_-. °:~A"°~
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Purchasing Approval .,~~~~:~ ~~~ rypr
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KEiT, ATTS, Purchasing Manager
Dated: (,~ CC ~ ('Z,
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WA REN STE ART, Engineering Manager
Dated:~_ , r / i 3 ~;
Task Order 10033.d ASHFORD GREENS TRUNK SEWER Page 8 of 8
JUB ENGINEERS
MASTER AGREEMENT
FOR
PROFESSIONAL SERVICES
(Unlimited)
THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 22"d day of
October, 2013, and entered into 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 Broadway Avenue, Meridian, Idaho 83642, and JUB Enaineers Inc.,
hereinafter referred to as "ENGINEER", whose business address is 250 South
Beachwood Ave Suite 201, Boise. ID 83709.
INTRODUCTION
Whereas, the City has a need for
Desian Services -~2C to be defined by individual Task Orders which will set forth
Specific Services, Time of Performance and Payment; and
WHEREAS, the ENGINEER is specially trained, experienced and
competent to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Scope of Services:
1.1 Upon execution of this Master Agreement AND any associated Task Order(s)
and receipt of the City's written notice to proceed, Engineer shall comply in all
respects and perform and furnish to the City, all services listed in any corresponding
task order(s) incorporated herein by this reference, together with any amendments
that may be agreed to in writing by the parties.
1.2 All documents or materials acquired or produced by the ENGINEER in
conJunction with the project shall become the property of, and be delivered to, the
CITY without any restrictions or limitations with respect to their further use thereof.
All documents or materials prepared for the CITY shall not be distributed by the
ENGINEER, sub-engineer's, their agents, representatives oremployees toany third
party without the express written consent of the CITY. Use of these documents by
the CITY on any other project, without written verification or adaptation by the
ENGINEER for the specific purpose intended, will be at the City's sole risk and shall
be without liability or legal exposure to the ENGINEER. The CITY shall indemnify
and hold harmless the ENGINEER from all claims, damages, losses and expenses
MASTER AGREEMENT FOR ENGINEERING SERVICES UNLIMITED - 2c page 1 of 7
including attorney's fees arising out of or resulting from the use of such documents,
Any verification or adaptation will entitle the ENGINEER to further compensation at
rates to be agreed upon by the CITY and the ENGINEER."
1.3 The ENGINEER shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable federal,
state and city laws, ordinances, regulations and resolutions, The ENGINEER
represents and warrants that it will perform its work in accordance with generally
accepted industry standards and practices for the profession or professions that are
used in performance of this Agreement and resulting task order(s) in effect at the
time of performance of this Agreement and associated task order(s). Except forthat
representation and any representations made or contained in any proposal
submitted by the ENGINEER and any reports or opinions prepared or issued as part
of the work performed by the ENGINEER underthis Agreement, ENGINEER makes
no other warranties, either express or implied, as part of this Agreement.
1.4 Services and work provided by the ENGINEER at the City's request under
this Agreement will be performed in a timely manner in accordance with a Schedule
of Work, which the parties hereto shall agree to. The Schedule of Work may be
revised from time to time upon mutual written consent of the parties.
2. Consideration
2.1 The ENGINEER shall be compensated as defined by corresponding Task
Orders and shall be billed per the approved Rate Sheet on file with the City.
Additional personnel may be added to the Rate Schedule at any time, with the
written acceptance of the City. The rate schedule may be amended once per
calendar year if mutually agreeable to both parties, it is the responsibility of the
engineer to notify the City of a desire to submit a new rate schedule for
review. Amended rates may only be billed upon City's written acceptance thereof.
2.2 The ENGINEER shall provide the City with a monthly statement, as services
warrant, of fees earned and costs incurred for services provided during the billing
period, which the City will pay within 30 days of receipt of a correct invoice and
approval by the City. The City will not withhold any Federal or State income taxes
or Social Security Tax from any payment made by City to ENGINEER under the
terms and conditions of this Agreement. Payment of all taxes and other
assessments on such sums is the sole responsibility of ENGINEER.
2.3 Except as expressly provided in this Agreement and corresponding Task
Orders, ENGINEER shall not be entitled to no receive from the City any additional
consideration, compensation, salary, wages, or other type of remuneration for
services rendered under this Agreement, including, but not limited to, meals,
lodging, transportation, drawings, renderings or mockups. Specifically, ENGINEER
shall not be entitled by virtue of this Agreement to consideration in the form of
overtime, health insurance benefits, retirement benefits, paid holidays or other paid
leaves of absence of any type or kind whatsoever.
MASTER AGREEMENT FOR ENGINEERING SERVICES UNLIMITED - 2c page 2 of 7
2.4 Any out of town travel required by individual Task Orders will be reimbursed
at cost, per the City's existing travel policy. Any requested travel related/meal
reimbursement must be accompanied by itemized receipts.
For the purposes of this agreement and resulting task orders, travel between the
ENGINEER'S/CONSULTANT'S offices and the project site is not considered out of
town travel.
3. Time of Performance:
This agreement shall become effective upon execution by both parties, and shall
automatically renew annually on October 18f for two additional one year periods
unless sooner terminated in writing.
4. Independent Contractor:
4.1 in ail matters pertaining to this agreement, ENGINEER shall be acting as an
independent contractor, and neither ENGINEER nor any officer, employee or agent
of ENGINEER will be deemed an employee of CITY. Except as expressly provided
in Exhibit A, ENGINEER has no authority or responsibility to exercise any rights or
power vested in the City. The selection and designation of the personnel of the
CITY in the performance of this agreement shall be made by the CITY.
4.2 ENGINEER shall determine the method, details and means of performingthe
work and services to be provided by ENGINEER under this Agreement.
ENGINEER shall be responsible to City only for the requirements and results
specified in this Agreement and, except as expressly provided in this Agreement,
shall not be subjected to City's control with respect to the physical action or activities
of ENGINEER in fulfillment of this Agreement.
5. Indemnification and Insurance:
ENGINEER shall indemnify and save and hold harmless CITY from and for any and
all losses, claims, actions, judgments for damages, or injury to persons or property
and losses and expenses and other costs including litigation costs and attorney's
fees, arising out of, resulting from, or in connection with the negligent acts and/or
errors or omissions by the ENGINEER, its servants, agents, officers, employees,
guests, and business invitees, and not caused by or arising out of the tortuous
conduct of CITY or its employees. ENGINEER shall maintain, and specifically
agrees that it will maintain, throughout the term of this Agreement, liability insurance
in the minimum amounts as follow: General Liability One Million Dollars
($1,000,000) per incident or occurrence, Professional Liability / Professional errors
and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability
Insurance One Million Dollars ($1,000,000) perincidentoroccurrenceandWorkers'
Compensation Insurance , in the statutory limits as required bylaw. The CITY shall
be named an additional insured on both General Liability and Automotive policies.
The limits of Insurance shall not be deemed a limitation of the covenants to
MASTER AGREEMENT FOR ENGINEERING SERVICES UNLIMITED - 2c page 3 of 7
indemnify and save and hold harmless CITY; and if CITY becomes liable for an
amount in excess of the insurance limits, herein provided, ENGINEER covenants
and agrees to indemnify and save and hold harmless CITY from and for all such
losses, claims, actions, or judgments for damages or injury to persons or property
and other costs, including litigation costs and attorneys' fees, arising out of, resulting
from , or in connection with the negligent performance of this Agreement by the
ENGINEER or Engineer's officers, employs, agents, representatives or
subcontractors and resulting in or attributable to personal injury, death, or damage
or destruction to tangible or intangible property, including use of. ENGINEER shall
provide CITY with a Certificate of Insurance, or other proof of insurance evidencing
ENGINEER'S compliance with the requirements of this paragraph and file such
proof of insurance with the CITY at least ten (10) days prior to the date ENGINEER
begins performance of ft's obligations under this Agreement. In the event the
insurance minimums are changed, ENGINEER shall immediately submit proof of
compliance with the changed limits. Evidence of all insurance shall be submitted to
the City Purchasing Agent with a copy to Meridian City Accounting, 33 East
Broadway Avenue, Meridian, Idaho 83642.
6. Notices: Any and all notices required to be given by either 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 Manager
33 E. Broadway Avenue
Meridian, Idaho 83642
JUB Engineers Inc.
Attn: Phillip Krichbaum
250 South Beechwood Ave. Ste 201
Boise. ID 83709
208-870-3628
Either 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.
7. 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
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.
8. Assignment: It (s expressly agreed and understood by the parties hereto, that
ENGINEER 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.
MASTER AGREEMENT FOR ENGINEERING SERVICES UNLIMITED - 2c page 4 of 7
9. Discrimination Prohibited: In performing the Services required herein,
ENGINEER shall not unlawfully discriminate in violation of anyfederal, state or local
law, rule or regulation against any person on the basis of race, color, religion, sex,
national origin or ancestry, age or disability,
10. Reports and Information:
10.1 At such times and in such forms as the CITY may require, there shall be
furnished to the CITY such statements, records, reports, data and information as
the CITY may request pertaining to matters covered by this Agreement.
10.2 ENGINEER shall maintain all writings, documents and records prepared or
compiled in connection with the performance of this Agreement for a minimum of
four (4) years from the termination or completion of this or Agreement. This
includes any handwriting, typewriting, printing, photo static, photographic and every
other means of recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
11. Audits and Inspections: At any time during normal business hours and as often
as the CITY may deem necessary, there shall be made available to the CITY for
examination all of ENGINEER'S records with respect to all matters covered by this
Agreement. ENGINEER shall permit the CITY 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.
12. 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 shall have unrestricted authorityto publish, disclose
and otherwise use, in whole or in part, any reports, data or other materials prepared
under this Agreement.
13. Compliance with Laws: in performing the scope of services required hereunder,
ENGINEER shall complywith all applicable laws, ordinances, and codes of Federal,
State, and local governments,
14. Public Information: Pursuant to Idaho Code Section 9-335, et seq., information or
documents received from the Contractor may be open to public inspection and
copying unless exempt from disclosure. The Contractor shall clearly designate
individual documents as "exempt" on each page of such documents and shall
indicate the basis for such exemption, The State will not accept the marking of an
entire document as exempt. in addition, the State will not accept a legend or
statement on one (1) page that all, or substantially all, of the document is exempt
from disclosure. The Contractor shall indemnify and defend the State against all
liability, claims, damages, losses, expenses, actions, attorney fees and suits
whatsoever for honoring such a designation or for the Contractor's failure to
MASTER AGREEMENT FOR ENGINEERING SERVICES UNLIMITED - 2C page 5 of 7
designate individual documents as exempt. The Contractor's failure to designate as
exempt any document or portion of a document that is released by the State shall
constitute a complete waiver of any and all claims for damages caused by any such
release.
15. Changes: The CITY 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 ENGINEER'S compensation, which are mutually agreed
upon by and between the CITY and ENGINEER, shall be incorporated in written
amendments to this Agreement.
16. Termination: If; through any cause, ENGINEER, Its officers, employees, oragents
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 determines that termination of this Agreement is
in the best interest of CITY, the CITY shall thereupon have the right to terminate this
Agreement by giving written notice to ENGINEER of such termination and specifying
the effective date thereof at least fifteen (15) days before the effective date of such
termination. ENGINEER may terminate this agreement at any time by giving at
least sixty (60) days notice to CITY.
In the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by ENGINEER under this Agreement shall,
at the option of the CITY, become Its property, and ENGINEER shall be entitled to
receive just and equitable compensation for any work satisfactorily complete
hereunder.
Notwithstanding the above, ENGINEER shall not be relieved of liability to the CITY
for damages sustained by the CITY by virtue of any breach of this Agreement by
ENGINEER, and the CITY may withhold any payments to ENGINEER for the
purposes of set-off until such time as the exact amount of damages due the CITY
from ENGINEER is determined. This provision shall survive the termination of this
agreement and shall not relieve ENGINEER of its liability to the CITY for damages.
17. 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.
18. Advice of Attorney: Each party warrants and represents that in executing this
Agreement. It has received independent legal advice from it's attorney's or the
opportunity to seek such advice.
MASTER AGREEMENT FOR ENGINEERING SERVICES UNLIMITED - 2C page 6 of 7
19. Entire Agreement: This Agreement contains the entire agreement of the parties
and supersedes any and all other agreements or understandings, oral of written,
whether previous to the execution hereof or contemporaneous herewith.
20. Resulting Task Orders and Survival: All Task Orders resulting from this Master
Agreement and executed by both parties during the term of this Master Agreement
will be bound to the terms and conditions of the Master Agreement until all tasks are
completed and accepted by the City whether or not the Master Agreement is
terminated or unless tasks are canceled via a change order.
21. 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.
22. Approval Required: This Agreement shall not become effective or binding until
approved by the City of Meridian.
CITY OF MERIDIAN JUB ENGINEERS INC.
BY: __...~._ BY' ~ ~ ~.~
KEIT, ATTS, Purchasing Manager Phillip Krichb um, P.
Dated: ~ ~ ~ `~ / ,
Dated;___~ .~..LL_~x.w._~a.._.__.__~.:._..~
Department A proval
a
KYLE ADEK, Asst. City Engineer
i~/,
Dated;;. l ` ~ `7 _ _ _
Approved to as of Form
CITY ATTORNEY
MASTER AGREEMENT FOR ENGINEERING SERVICES UNLIMITED - 2c page 7 of 7