Loading...
HomeMy WebLinkAboutNasland Proposal and Contract - Preserve Park Nasland T (208) 918-4859 910 Main Street, Suite 314 Boise, ID 83702 nasland.com CONTRACT AGREEMENT CLIENT: Stack Rock Group DATE: 1/24/2022 ADDRESS: 404 S. 81"Street,#154 JOB: 322-009.1 Boise, ID 83714 PHONE: CONTACT: Kiley Gardiner FAX: E-MAIL: kiley@stackrockgroup.com OWNER: No PROJECT: Preserve Park Improvements—Twin Falls LC: LOCATION: E 4100 N at Eastland Road,Twin Falls, ID 83301 SCOPE OF WORK Per the letter attached dated January 24, 2022. The Provisions of Agreement set forth upon the attached pages are hereby incorporated into and made a part of this agreement. Client agrees to pay as compensation for the above-described services as follows: Per the attached Scope of Services, estimated in the amount of$7,300.00. This offer is valid and will remain effective for a term of 60 days from the above written date. By signing below, the parties accept and execute this agreement under the terms, conditions, and provisions stated above and on the attached pages. CONSULTANT ENGINEER: Nasland Engineering CLIENT: Stack Rock Group BY: BY: NAME: Cory Schrack, PE NAME: TITLE: Project Manager TITLE: LICENSE: 17727 DATE: Civil Engineering Consulting Land Planning Page 1 of 1 Nasland T (208) 918-4859 910 Main Street, Suite 314 Boise, ID 83702 nasland.com January 24, 2022 NE Job No. 322-009.1 Kiley Gardiner Stack Rock Group 404 S. 8th Street,#154 Boise, Idaho 83702 Re: Preserve Park Improvements, Civil Engineering Services Dear Ms. Gardiner: Nasland Engineering is pleased to provide this proposal for civil engineering services. PROJECT DESCRIPTION The project is located in the City of Twin Falls, at the Eastland/Poleline Trailhead.The proposed project includes parking lot expansion (approx. 30 spaces), new restroom building and pathways.This proposal is based on the conceptual plans prepared by Stack Rock Group, dated December 17, 2021. Civil Engineering design will be for the parking and restroom area of the park only, it is assumed Civil Plans for the easterly pathway and picnic areas are not required. SCOPE OF SERVICES FINAL ENGINEERING The following Civil Engineering services are to be required to provide complete documents for construction. A. Final Engineering Services The following plans will be prepared in accordance with City of Twin Falls standards. • Notes and Details: Nasland Engineering prepare standard notes sheets and project specific details as required. • Precise Grading& Drainage Plan: Nasland Engineering will prepare a precise grading plan including contour grading, precise grades for parking lot, drive lane, restroom finished floor and adjacent grades, and ADA parking based on the site plan by Stack Rock Group. It is assumed all drainage will surface flow to the existing swale on the west side of the site. Include horizontal control data with dimensions and data tables for curbs and drainage facilities. • Cost Estimate Assistance: Prepare opinion of probable cost for Civil Engineering related items. Estimate is to be used for owner budgeting purposes only. Preparation of an itemized bid form is excluded. Civil Engineering Consulting Land Planning Page 1 of 3 January 24, 2022 Nasland NE Project No. 322-009.1 B. Plan Revisions, Meetings and Coordination (Time& Materials, Estimate) Nasland Engineering will coordinate with Project Team and the Client throughout the design and processing of the plans. Includes an allowance of approximately 5 hours for revisions to plans based on City plan review comments.Work in excess of this estimate will be billed at hourly rates. CONSTRUCTION PHASE SERVICES The following services can be performed on a Time& Material basis,as requested by the client.An estimate of 10 hours is provided for purposes of this proposal. On-site observations will be billed on a T&M basis. C. Construction Administration Response to contractor RFI's, review of contractor submittals, meetings. ASSUMPTIONS • The client's representative will perform all submittals and processing with the City of Twin Falls. • The client will provide a site layout in AutoCAD format that includes the base file for the proposed improvements and other site features. • The client will obtain the services of a Land Surveyor to prepare a topographic survey of the project area. Survey will be provided to Nasland Engineering in AutoCAD format and used as the basis of engineering design. • Drainage Calculations are not required. Runoff will surface flow to existing swale on-site. No storm drain improvements are proposed. • Water and Sewer plans are excluded. EXCLUSIONS The following items are specifically excluded from the scope of work: • Surveying or Mapping services • Site Plan Preparation • Erosion/Sediment Control Plan • Technical Specifications • Landscape/Irrigation Design Services • Drainage Calculations/Report • Off-site improvements • Geotechnical Investigations • Dry Utility Coordination • Environmental Studies • Sewer, Drainage, or Water design or plans • Immediate Defense to a Third Party Claim • Permit, Submittal or Plancheck Fees Civil Engineering Consulting Land Planning Page 2 of 3 January 24, 2022 Nasland NE Project No. 322-009.1 CIVIL ENGINEERING SCHEDULE OF FEES The Schedule of Fees for the above services is shown below. Unless otherwise noted,fees are Lump Sum. Rates for Time and Materials charges will be according to the attached schedule. ITEM FEE Final Engineering A. Final Engineering Services $ 4,700 B. Plan Revisions, Meetings, Coordination (T&M $ 1,000 Est.) Estimated Total: $ 5,700 Construction Phase Services C. Construction Administration (T&M, Estimate) $ 1,500 In addition, we suggest an allowance of$100 for reimbursable expenses. If you have any questions, please do not hesitate to contact me. We look forward to working with you on this project. Sincerely, NASLAND ENGINEERING Cory Schrack, PE Senior Project Manager Enclosures Civil Engineering Consulting Land Planning Page 3 of 3 Job No.322-009.1 PROVISIONS OF AGREEMENT Initials CS _ Nasland Client Client and Consultant agree that the following provisions shall be part of their agreement: 1. This Agreement shall be binding upon the heirs, executors, administrators or in any way related to,Consultant's performance under this Agreement for and successors of Client and Consultant. any act,conduct or omission whatsoever,for all claims,causes of action or penalties,including,but not limited,those for breach of contract,professional 2. This Agreement shall not be assigned by either Client or Consultant without malpractice, indemnity, or any other theory, to the greater of$25,000, or prior written consent of the other. Consultant's fee under this Agreement. 3. This Agreement is for the benefit of the parties to it, and no others. This 14. In the event Consultant's fee schedule changes due to any increase of costs Agreement shall not create any rights in,or inure to the benefit of,any third such as the granting of wage increases and/or other employee benefits to party except as expressly stated herein. Feld or office employees,or rise in the cost of living,during the lifetime of this Agreement,a percentage increase shall be applied to all remaining unbilled 4. Consultant's or Client's waiver of any term, condition or covenant shall not compensation. constitute the waiver of any other term,condition or covenant.Consultant's or Client's waiver of any breach of this agreement shall not constitute the 15. Client agrees that if Client requests services not specified in the scope of waiver of any other breach of the agreement. services described in this Agreement,Client will pay for all such services as additional services,in accordance with Consultant's fee schedule. 5. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining 16. Client hereby agrees to bring no cause of action on any basis whatsoever provisions of this Agreement shall be valid and binding on Client and against Consultant, its officers and directors, principals, employees and Consultant. subconsultants if such claim,in anyway,would involve Consultant's services for the investigation,detection,abatement,replacement,use or specification 6. This Agreement shall be governed by and construed in accordance with the or removal of products, materials or processes containing hazardous laws of the State of Idaho. Any litigation arising from, or related to, this materials. Agreement shall be conducted in the county of where the project is located, and in no other tribunal. 17. Client agrees to defend, indemnify and hold Consultant and its employees harmless from and against any and all claims,losses,liabilities,damages or 7. Consultant is not responsible for delay caused by activities or factors beyond other detriment arising from, or related to services provided under this Consultant's reasonable control. When such delays beyond Consultant's Agreement excepting such claims,losses,liabilities,damages,or detriment reasonable control occur,Client agrees Consultant shall not be responsible caused by the sole negligence or willful misconduct of Consultant. for damages nor shall Consultant be deemed to be in default of this Agreement. 18. Notwithstanding any other provision of this agreement, and to the extent permitted by law, neither Client nor Consultant, their respective officers, 8. Consultant shall not be liable for damages resulting from the actions or directors,partners,employees,contractors or subconsultants shall be liable inactions of governmental agencies.Client agrees that it is the responsibility to the other or shall make any claim for any incidental, indirect or of Client to maintain in good standing all government approvals and permits consequential damages arising out of or connected in any way to the Project and to apply for any extensions thereof. or to this Agreement. This mutual waiver of consequential damages shall include,but is not limited to,loss of use,loss of profit,loss of business,loss 9. Client agrees that it,and its contractors,subcontractors(of whatever tier)and of income,loss of reputation or any other incidental,indirect or consequential consultants will cooperate with Consultant for purpose of enabling Consultant damage that either party may have incurred from any cause of action. to carry out its duties under this Agreement. 19. If the scope of services of Consultant includes professional services for any 10. Upon Consultant's request,Client shall execute and deliver,or cause to be project which is a common interest development. Client agrees to reimburse executed and delivered,such additional information,documents or money to Consultant for all costs associated with Consultant's participating in any pre- pay governmental fees and charges which are necessary for Consultant to litigation process.These costs,fees and expenses will be paid as additional perform services pursuant to the terms of this Agreement. services in accordance with Provision 15 hereof. Client agrees that if Client receives any Notice of Claim, or Notice of Commencement of Legal 11. In the event that Client institutes a suit against Consultant,either directly by Proceedings, Client will notify Consultant within ten (10) calendar days of complaint or by way of cross-complaint, including a cross-complaint for Client's receipt of any Notice of Claim or Notice of Commencement of Legal indemnity,for alleged negligence,error,omission or other failure to perform, Proceedings, provided such notice either identifies Consultant as a and if Client fails to obtain a judgment in Client's favor, the lawsuit is potentially responsible party or the face of the Notice contains information dismissed, or if judgment is rendered for Consultant, Client agrees to pay which identifies Consultant's potential responsibility. consultant all reasonable costs of defense,including attorney's fees,expert 20. Client shall make no claim for professional negligence,either directly or by witness fees,court costs and any and all other expenses of defense.Client agrees such payments shall be made within ten(10)days following dismissal way of a cross complaint against the Consultant,unless the Client has first of the case or upon entry of judgment. provided the Consultant with a written certification executed by an independent consultant currently practicing in the same discipline as 12. In the event that Consultant is required to file collection litigation in the form Consultant and licensed in the State of Idaho. This certification shall: (a) of actions for breach of contract, breach of implied contract, design contain the name and license number of the certifier;(b)specify the acts or professional/mechanic's liens,or lien foreclosure,then the prevailing party in omissions that the certifier contends are not in conformance with the standard such litigation shall recover a reasonable attorney fee. of care for a consultant performing professional services under similar circumstances;and(c)state in detail the basis for the certifier's opinion that 13. Client agrees to limit Consultant's liability for all costs and expenses to Client such acts or omissions do not conform to the standard of care.This certificate and to all others,as a result of any alleged claim,loss,or liability arising from, shall be provided to Consultant not less than thirty(30)calendar days prior to the presentation of any claim or the institution of any arbitration or judicial ©Nasland Engineering Page 1 of 3 11-01-2020 proceeding.This clause will take precedence over any existing state law in qualifications and represents Consultant's judgment as to the probable force at the time of the claim or demand for arbitration. construction costs. However,since Consultant has no control over costs or the price of labor,equipment or materials,or over the contractor's method of 21. Client acknowledges that all reports,plans,specifications,data,notes and all pricing, such opinions of probable construction costs do not constitute other documents including all such documents on electronic media,prepared representations,warranties or guarantees of the accuracy of such opinions, by Consultant are instruments of service to which Consultant,as author,shall as compared to bid or actual costs. retain,for all time,all common law,statutory law and other rights, including, without limitation, copyrights. Such instruments of service are, and shall 27. The requirements of the American with Disabilities Act(ADA)and other laws remain,the property of Consultant,and may be used by Consultant without and codes regarding accessibility are subject to various and possible the consent of Client. Client acknowledges that its right to utilize any plans contradictory interpretations. Consultant will use reasonable professional and specifications, in whatever stage of preparation, and the services of judgment to interpret applicable ADA requirements. Consultant, however, Consultant provided pursuant to this Agreement,will continue only so long cannot and does not warrant or guarantee that Client's facility will fully comply as Client is not in default of any provision of this Agreement. In the event with interpretations of accessibility ADA requirements by regulatory bodies or Client is in default of any of the terms and conditions of this agreement,any court decisions. license or right to utilize the instruments of service by Client,is automatically revoked. 28. Client acknowledges that Consultant is not responsible for the performance of work by third parties including, but not limited to, the construction 22. Client agrees not to reuse the electronic files, in whole or in part, for any contractor and its subcontractors, of whatever tier, or Client's other purpose or project other than the project that is the subject of this Agreement. consultants. Client agrees not to transfer these electronic files to others without the prior written consent of Consultant.Client further agrees to waive all claims against 29. Consultant makes no warranty,either expressed or implied,as to its findings, Consultant resulting in any way from any unauthorized changes or reuse of recommendations,plans,specifications,or professional advice. the electronic files for any other project by anyone other than Consultant. Electronic files furnished by either party shall be subject to an acceptance 30. Consultant makes no representations concerning soil or geological period of fifteen(15)days during which the receiving party agrees to perform conditions and is not responsible for any liability that may arise out of the appropriate acceptance tests.After the acceptance period,the electronic files making or failure to make soils or geologic surveys, or subsurface soils or shall be deemed to be accepted. geological tests,all of which are the responsibility of Client. Client is aware that differences may exist between the electronic files delivered and the printed hard copy documents. In the event of a conflict 31. In the event Client agrees to, permits, authorizes, constructs or permits between the signed construction documents prepared by Consultant and construction of changes in the plans,specifications and documents or does electronic files,the signed and stamped or sealed hard copy documents shall not follow recommendations or reports prepared by Consultant pursuant to govern. this Agreement,which changes are not consented to in writing by Consultant, Under no circumstances shall delivery of electronic files for use by Client Client acknowledges that the changes and their effects are not the be deemed a sale by Consultant,and Consultant makes no warranties,either responsibility of Consultant. Client agrees to release Consultant from all express or implied,of merchantability and fitness for any particular purpose. liability arising from such changes and further agrees to defend, indemnify In no event shall Consultant be liable for indirect or consequential damages and hold harmless Consultant,its officers,directors, principals,agents and as a result of Client's use or reuse of the electronic files. employees from and against all claims,demands,damages or costs arising from the changes and their effects. The completion of Record Drawings by 23. If requested by Client,Consultant will provide an electronic file of the plans in the Consultant does not indicate the approval of any unauthorized changes. AutoCAD format. In accepting such electronic file, the Client agrees to indemnify and hold Consultant harmless from any loss, claim, or cost, 32. Client agrees not to use or permit any other person to use plans, including reasonable attorney's fees and costs of defense,arising from the specifications, drawings, cost estimates, reports, or other documents use of the electronic file.Unless specifically included in the scope of services, prepared by Consultant which are not final and which are not signed and a detailed site dimension plan will not be provided except as an additional stamped or sealed by Consultant.Client acknowledges that all documents on service in accordance with paragraph 15. electronic files,or drawings,reports and data on any form of electronic media generated and furnished by the Consultant, are not final. Client shall be 24. Client acknowledges that its right to utilize the services provided pursuant to responsible for any such use of non-final plans,specifications,drawings,cost this Agreement will continue only so long as Client is not in default pursuant estimates, reports, electronic files or other documents not signed and to the terms and conditions of this Agreement and Client has performed all stamped or sealed by Consultant.Client hereby waives any claim for liability obligations under this Agreement. against Consultant for such use. Client further agrees that final plans, specifications, drawings, cost estimates, reports, electronic files or other 25. Client shall pay the costs of checking and inspection fees, zoning and documents are for the exclusive use of Client and may be used by Client only annexation application fees, assessment fees,soils engineering fees,soils for the project. Such final plans, specifications, drawings, cost estimates, testing fees, aerial topography fees, and all other fees, permits, bond reports,electronic files or other documents may not be changed or used on premiums,title company charges,blueprints and reproductions,and all other a different project without written authorization or approval by Consultant. If charges not specifically covered by the terms of this Agreement. Client signed,check-prints are required to be submitted with a stamp or seal,they agrees that any documents which Client provides to Consultant may be relied shall not be considered final for purposes of this paragraph. upon by Consultant in connection with its performance under this Agreement. 33. If the scope of services contained in this Agreement does not include 26. If the scope of services requires Consultant to estimate quantities, such construction-phase services for this project, Client acknowledges such estimates are made on the basis of Consultant's experience and construction-phase services will be provided by Client or by others and Client qualifications and represent Consultant's judgment as a professional assumes all responsibility for interpretation of the contract documents and for generally familiar with the industry. However, such estimates are only construction observation and supervision and waives any claim against estimates and shall not constitute representations,warranties or guarantees Consultant that may in any way be connected thereto. In addition, Client of the quantities of the subject of the estimate. If the scope of services agrees to indemnify and hold Consultant harmless from any loss,claim,or requires Consultant to provide its opinion of probable constructions costs, cost, including reasonable attorney's fees and costs of defense, arising or such opinion is to be made on the basis of Consultant's experience and resulting from the performance of such services by other persons or entities ©Nasland Engineering Page 2 of 3 11-01-2020 and from any and all claims arising from the performance of such services by 40. Unless otherwise provided in the Contract Agreement, fees and all other others and from any claims arising from the modification, clarification, charges will be billed monthly as the work progresses,and the net amount interpretation, adjustments or changes made to the contract documents to shall be due ten(10)days from the date of billing. reflect changed field or other conditions,except for claims arising from the sole negligence or willful misconduct of Consultant. 41. Client agrees that all billings from Consultant to Client are correct,conclusive and binding on Client unless Client, within ten (10) days from the date of 34. If during the construction phase of the project Client discovers or becomes receipt of such billing,notifies Consultant in writing of alleged inaccuracies, aware of changed Feld or other conditions which necessitate clarification, discrepancies or errors in billing. adjustments, modifications or other changes to the plans, specifications, estimates or other documents prepared by Consultant,Client agrees to notify 42. In the event Client fails to pay Consultant within thirty(30)days of the date of Consultant and engage Consultant to prepare the necessary clarifications, Consultant's invoices,then Client agrees that Consultant shall have the right adjustments, modifications or other changes before construction activities to either terminate this Agreement in accordance with Provision 38, or proceed. Further, Client agrees to require a provision in its construction suspend work under this Agreement until Client pays for all the fees,charges contracts for the project which requires the contractor to notify Client of any and completed services. Consultant will give Client ten (10) days written changed field or other conditions so that Client may in turn notify Consultant notice prior to any suspension of Consultant's services under this Agreement. pursuant to the provisions of this paragraph. Any additional services performed by Consultant pursuant to this paragraph shall be paid as 43. Consultant shall be entitled to immediately,and without notice suspend the additional services in accordance with paragraph 15. performance of any or all of its obligations pursuant to this Agreement whenever Client files a voluntary petition seeking relief under the United 35. If the scope of services to be provided by Consultant pursuant to the terms States Bankruptcy Code,or there is an involuntary Bankruptcy petition filed of this Agreement includes design services but excludes construction phase against Client in the United States Bankruptcy Court,and that petition is not services, Client acknowledges that staking services, coordinating civil dismissed within fifteen (15) days of its filing. Any suspension of services engineering services,the preparation of as-built drawings or monitoring for made pursuant to the provision of this paragraph shall continue until such compliance with storm water quality regulations are independent items of time as this Agreement has been fully and properly assumed in accordance work and Client may be required to with the applicable provisions of the United States Bankruptcy Code and in retain such services from another consultant or pay Consultant pursuant to compliance with a final order or judgment issued by the Bankruptcy Court. this Agreement for such additional services in accordance with Provision 15. Notwithstanding any of the foregoing which may be construed to the contrary, neither the filing of a bankruptcy petition (voluntary or involuntary) nor the 36. Client agrees that in accordance with generally accepted construction entry of an"Order for Relief'pertaining to Client constitutes a breach of this practices,the construction contractor and construction subcontractors will be Agreement. required to assume sole and complete responsibility for job-site conditions during the course of construction of the project,including safety of all persons 44. Client agrees to pay a monthly late payment charge in the amount of one and property,and that this requirement shall be made to apply continuously percent (1%) per month which will be applied to any unpaid balance and not be limited to normal working hours.Neither the professional activities commencing thirty(30)days after the date of the invoice. of Consultant nor the presence of Consultant or Consultant's employees or subconsultants at a construction site shall relieve the contractor and its 45. Client and Consultant agree that all disputes between them arising out of,or subcontractors of their obligation, duties and responsibilities including, but related to this Agreement shall, as a condition precedent of litigation, be not limited to, construction means, methods, sequence, techniques or submitted to non-binding mediation, unless the parties mutually agree procedures necessary for performing, superintending or coordinating all otherwise. The mediation fees shall be born equally by all parties to the non- portions of the work of construction in accordance with the contract binding mediation. documents and applicable health or safety requirements of any regulatory agency or state law. 46. This Agreement contains the entire agreement between client and consultant relating to the project and the provision of services to the project.Any prior 37. This Agreement shall not be construed to alter, affect or waive any design agreements, promises, negotiations or representations not expressly set professional's lien,mechanic's lien or stop notice right which Consultant may forth in this Agreement are of no force or effect. Any modifications to this have for the performance of services pursuant to this Agreement. Agreement shall be in writing and signed by both Client and Consultant. 38. This Agreement may be terminated by either party on not less than ten(10) calendar day's written notice, should the other party materially breach its obligations under this Agreement.Client's material breaches include,without limitation, failure to compensate Consultant in strict compliance with the provisions of this Agreement. 39. Client acknowledges Consultant has the right to complete all services agreed to be rendered pursuant to this Agreement. In the event this Agreement is terminated before the completion of all services, unless Consultant is responsible for such early termination, Client agrees to release Consultant from all liability for services performed. In the event all or any portion of the services by Consultant are suspended,abandoned,or otherwise terminated, Client shall pay Consultant all fees and charges for services provided prior to termination,not to exceed the contract limits specified herein,if any. Client acknowledges if the project services are suspended and restarted,there will be additional charges due to suspension of the services which shall be paid for by Client as additional services pursuant to Provision 15. Client acknowledges if project services are terminated for the convenience of Client, Consultant is entitled to reasonable termination costs and expenses to be paid by Client as additional services pursuant to Provision 15. ©Nasland Engineering Page 3 of 3 11-01-2020 Nasland SCHEDULE OF HOURLY BILLING RATES (Boise, Idaho) Effective January 1, 2021 Office Engineering Rate Engineering Technician $ 90.00 Designer 120.00 Design Engineer 130.00 Project Engineer 150.00 Project Manager 175.00 Field Engineering Survey Analyst $ 130.00 Survey Project Manager 170.00 o Printing, maps and records, delivery by outside messenger services, professional consultants, reproduction, subsistence and other direct expenses will be billed at cost plus 10%. o Mileage will be billed at current government rate. o Hourly rate charges are subject to adjustment. Civil Engineering Consulting Land Planning