Loading...
HomeMy WebLinkAboutYellowstone Heights Ammended Final Plat- NPC[20] copy.pdf EAGLE ROCK ENGINEERING CIVIL * PLANNING * LAND SURVEYING 1331 FREMONT AVE., IDAHO FALLS, ID 83402 (208) 542-2665 Professional Services Agreement Project No. 25xxx NEW PEAK CONSTRUCTION (“CLIENT”) hereby authorizes EAGLE ROCK ENGINEERING & LAND SURVEYING (“ENGINEER”), an Idaho corporation, to provide the services described below subject to the terms and conditions set forth below and on the reverse side hereof. A. CLIENT INFORMATION: CLIENT NAME New Peak Construction REPRESENTATIVE Jared Killpack STREET ADDRESS/ P O BOX CITY STATE ZIP CODE PHONE 307-760-3204 EMAIL jared@newpeakcc.com OWNER’S NAME Jacknife Ventures COPIES TO BE SENT TO (IF APPLICABLE) B. PROJECT DESCRIPTION (attach additional sheets if necessary) PROJECT NAME Yellowstone Heights Re-Plat PROJECT LOCATION City of Rexburg, Idaho ESTIMATED START/END DATES C. ENGINEER’S SERVICES: ENGINEER shall provide surveying, testing and engineering services set forth in Exhibit B, attached hereto and by this reference made a part hereof. Services not expressly set forth in Exhibit B or otherwise incidental to or implicit in those services, as determined solely by ENGINEER, are not a service of ENGINEER. D. COMPENSATION: ENGINEER shall be compensated as described in Exhibit A, attached hereto and by this reference made a part hereof, and Article 2 hereof. CLIENT shall pay a retainage fee of $1,500.00 prior to commencement of ENGINEER’s services. Said fee shall be applied to the final invoice for services provided hereunder. Having read, understood and agreed to the foregoing, and the terms and conditions set forth on the reverse side hereof, CLIENT and ENGINEER, by and through their authorized representatives, have subscribed their names hereto effective the last date appearing below. CLIENT EAGLE ROCK ENGINEERING & LAND SURVEYING X________________________________________ X_______________________________________ By (print): By (print): Adam Snarr Title: Title: Owner/Survey Manager Date: Date: 10/15/2025 EXHIBIT A PHASING AND FEE TABLE Project No. 25xxx EAGLE ROCK ENGINEERING CIVIL * PLANNING * LAND SURVEYING PROJECT: Yellowstone Heights Re-Plat GENERAL SCOPE OF WORK: Re-Plat of Yellowstone Heights due to changes in the building dimensions. GENERAL PROJECT DESCRIPTION: City of Rexburg, ID FEE (SEE EXHIBIT B FOR DETAILED SCOPE OF WORK): Eagle Rock Engineering and Land Surveying will be compensated for work performed based on a lump sum fee for items as listed below unless otherwise indicated. Phase B: CONDO FINAL PLAT $ 6,550 TOTAL $ 6,550 a Estimated Fee to be billed at Time and Material rates. b Estimated Fee including the Time & Material Phases Notes: 1) Reimbursable expenses including printing and miscellaneous costs will be billed on a Time & Materials basis plus 10%. 2) Any required additional services will be billed at Eagle Rock’s current time and material rates. 3) Time and Material (T&M) items are estimated fee only and subject to change. 4) Fee and rates will increase six (6) % on January 1st, annually, on remaining fee balances to account for inflation. EXHIBIT B PHASING AND SCOPE Project No. 25xxx EAGLE ROCK ENGINEERING CIVIL * PLANNING * LAND SURVEYING PHASE A: FINAL PLAT A) Research Title Report and other recorded documents to establish the record boundary. B) Capture and document existing monuments. C) Prepare plat map per state code and statutes for jurisdictional review and approval under the supervision and direction of a Professional Licensed Surveyor in the State of Idaho. D) Submit and coordinate reviews to the City of Rexburg, Madison County, Eastern Idaho Public Health, and DEQ to obtain approval and signatures. E) Set boundary monuments and coordinate with the City of Rexburg for Monument Acceptance. EAGLE ROCK ENGINEERING CIVIL * PLANNING * LAND SURVEYING ARTICLE 1 – DEFINITIONS Claims (or Claim). Any and all claims, actions, causes of action, rights, demands, liabilities, damages, costs, expenses, and/or fees (incl. expert and attorneys) of any nature whatsoever actually or allegedly, directly or indirectly arising out of or related to the project, whether or not accrued, known, suspected, discovered, discoverable , and/or latent, including but not limited to breach of contract (express or implied), breach of warranty (express or implied), negligence, (sole or joint, active or passive), negligent misrepresentation, strict products liability, strict liability, indemnity, contribution, subrogation, reimbursement, exoneration, and/or violation of statute, code, ordinance, rule or regulation. 1.1 ENGINEER, et al. ENGINEER and its shareholders, directors, officers, agents, representatives, employees, consultants or any of them. 1.2 Hazardous Materials. Any and all hazardous, toxic, infectious and/or other dangerous irritants, contaminants, pollutants, substances and/or materials of any nature whatsoever (materials, etc.), whether organic, inorganic, chemical, biological, vaporous, gaseous, liquid, and/or solid, including but not limited to asbestos, petroleum-based materials, etc. and all other materials, etc. now or hereafter subject to federal, state, and/or local laws, rules, and regulations. 1.3 Reimbursable Expenses. Expenditures made by the ENGINEER, its employees or its consultants in the interest of the project, including but not limited to: transportation, subsistence and lodging when traveling in connection with a project; long distance or toll telephone calls, telegrams, messenger service, field office expenses, and fees paid for securing approval of authorities having jurisdiction over the project; reproduction, postage and handling of drawings, specifications, reports or other project-related documents; computer time including charges for proprietary programs; and preparing perspectives, renderings or models. ARTICLE 2 – PAYMENT 2.1 Progress Payments. CLIENT will be invoiced at the end of the first calendar month following the effective date of this agreement and at the end of each calendar month thereafter. Invoices shall reflect billing for work performed by ENGINEER during the month invoiced. Payment on an invoice is due upon receipt of the invoice. In the event of a dispute regarding an invoice, CLIENT shall pay all undisputed amounts as per this Article. 2.2 Late Payment. ENGINEER may assess a carry charge of 1.5 percent per month on progress payments not made within thirty (30) days of the date of invoice, which charge CLIENT warrants will be paid on demand. ENGINEER may, in its sole discretion and without notice, suspend its services hereunder should CLIENT not pay in full any amount invoiced within forty-five (45) days of the date of invoice. ENGINEER further reserves the right to withhold from CLIENT any instruments of ENGINEER’s services pending payment on CLIENT’s account. 2.3 Billing Rates. ENGINEER reserves the right to adjust quoted billing rates if the project continues more than 12 months from the start date. ARTICLE 3 – SPECIAL TERMS AND CONDITIONS 3.1 Construction Estimates. ENGINEER’s opinions, if any, of probable construction costs, quantities or time are subject to change and are contingent upon persons and factors over which ENGINEER has no control. ENGINEER does not guarantee the accuracy of such estimates. 3.2 Construction Services. ENGINEER’s construction observation or monitoring services, if any or unless specified otherwise, are neither exhaustive nor continuous and consist solely of periodic visits to the project site to determine whether construction is progressing in general conformance with the plans and specifications. ENGINEER is not responsible for the timeliness, means, methods or sequences of construction nor for the safety of workers or others at or near the project site. ENGINEER does not guarranty the performance of the contractor, subcontractors, suppliers or others providing labor, material or services for the project, nor is it responsible for their acts, errors or omissions. Unless expressly agreed otherwise, ENGINEER’s compensation for any such services contemplates one (1) construction contract being let and construction completion within the specified time period. Should more than one (1) construction contract be let or said period for construction be exceeded through no fault of ENGINEER, ENGINEER’s compensation shall be equitably adjusted. Should ENGINEER not be retained to provide construction observation, monitoring, or similar services, CLIENT waives and agrees to hold harmless, indemnify and defend ENGINEER, et al. from and against any and all claims against ENGINEER, et al. based in whole or in part upon actual or alleged defects in construction, workmanship and/or materials; excepting those arising out of the indemnitee’s sole negligence. 3.3 Termination. This agreement may be terminated: (i) by either party upon seven (7) days written notice should the other party fail to substantially perform this agreement through no fault of the party initiating the termination; (ii) by CLIENT upon at least seven (7) days written notice to ENGINEER in the event that the project is permanently abandoned, or (iii) by ENGINEER in the event its services are suspended for a period exceeding thirty (30) days. If this agreement is terminated through no fault of the ENGINEER, CLIENT shall pay ENGINEER for services performed and Reimbursable Expenses incurred in accordance with this agreement and, upon request, a Termination Adjustment equaling fifteen percent (15%) of the estimated compensation remaining to be earned at the time of termination to account for ENGINEER’s rescheduling adjustments, reassignment of personnel and related costs incurred due to termination. 3.4 Representatives. ENGINEER and CLIENT shall each designate in writing a person authorized to act as their representative. Said persons shall serve as sole intermediaries between ENGINEER and CLIENT and shall be authorized to bind their respective principals. 3.5 Limitations of Liability. In recognition and equitable allocation of the relative risks and benefits of the project, CLIENT limits, to the fullest extent permitted by law, the total aggregate liability of ENGINEER, et al. to CLIENT and all contractors, subcontractors and suppliers on all Claims arising out of, on or related to the project to $50,000. Prior to the initiation of ENGINEER’s services hereunder, this limit may be increased up to ENGINEER’s then effective insurance limit upon mutual agreement and CLIENT’s payment of an additional fee of 0.5% of the amount of any increase in coverage. To the fullest extent permitted by law, CLIENT waives and agrees to hold harmless, indemnity and defend ENGINEER, et al. from and against any and all Claims against ENGINEER, et al. in excess of the limit established hereby; excepting those arising out of the indemnitee’s sole negligence. ENGINEER, et al. are not liable to CLIENT for consequential or incidentaldamages for any Claim. 3.6 Ownership of Documents. All plans, specifications, reports, notes, data, logs, diaries, and other documents, regardless of medium or content, prepared by or on behalf of ENGINEER, et al. are instruments of their respective professional services and shall remain their property. Upon payment to ENGINEER of all sums due hereunder, CLIENT is granted a non-exclusive, unassignable license to use said instruments on and for this project. Such instruments are intended for use solely by CLIENT as an integrated set on this project. Dissemination, modification or use on other projects of any or all such instruments without ENGINEER’s prior express written consent shall be at CLIENT’s sole risk. CLIENT waives and agrees to hold harmless, indemnify and defend ENGINEER, et al. from and against any and all Claims against ENGINEER, et al. arising out of any such nonpermissive dissemination, modification or use; excepting those arising out of the indemnitee’s sole negligence. 3.7 Supplied Information. ENGINEER, et al. are entitled to rely on any and all information supplied by, through or on behalf of CLIENT and, absent an express agreement to do so, have no legal or contractual duty to verify the accuracy of such information. CLIENT waives any and all Claims against ENGINEER, et al. arising out of actual or alleged deficiencies in any such information and agrees to hold harmless, indemnify and defend ENGINEER, et al. therefrom; excepting those arising out of the indemnitee’s sole negligence. 3.8 Record Documents. Any record documents provided or drafted by ENGINEER are based upon information provided by the contractor, who is to document variations between design and actual construction. ENGINEER is entitled to rely upon and has no legal or contractual duty to verify the accuracy of such information and does not warrant the accuracy of record documents. 3.9 Access. CLIENT warrants timely access for ENGINEER, et al. to all properly reasonably necessary to the performance of their services. 3.10 Site Conditions. Unless expressly agreed otherwise, ENGINEER’s services and compensation contemplate (i) the absence of Hazardous Materials on, in or under the project site or nearby properties and (ii) site conditions like those represented in information provided by, through or on behalf of CLIENT and/or those reasonably anticipated for a site of this nature and locality. Should such Materials be discovered or should actual conditions vary materially from those represented or anticipated, either party shall have an absolute and unconditional right to terminate or suspend this agreement. CLIENT waives and agrees to hold harmless, indemnify and defend ENGINEER, et al. from and against any and all Claims against ENGINEER, et al. actually or allegedly, directly or indirectly arising out of or related to (i) the detection, generation, presence, escape, release, discharge, movement, seepage, stabilization, abatement, handling, removal, transportation, storage or disposal of Hazardous Materials and/or (ii) any material change in represented or anticipated conditions; excepting those arising out of the indemnitee’s sole negligence. 3.11 Performance Standard. ENGINEER’s services hereunder shall be rendered consistent with and judged solely by the skill and care ordinarily exercised by members of the same profession performing like services in the State of Idaho at the same time. ENGINEER disclaims any and all warranties, express or implied, regarding the quality of its services or the instruments thereof, including but not limited to warranties of fitness, merchantability, or compliance with federal, state, or local laws, rules, regulations, ordinances, or design or building codes or standards. 3.12 Dispute Resolution. Any dispute related to this agreement, either parties’ performance hereunder, and/or ENGINEER, et al.’s services shall be submitted to mediation before a mutually-acceptable mediator prior to initiation of litigation or other formal adjudicative procedures. ARTICLE 4 – GENERAL TERMS AND CONCITIONS 4.1 Jurisdiction; Venue. This agreement shall be interpreted and enforced according to the laws of the State of Idaho. Venue of any litigation arising out of or related to this agreement or the services hereunder provided shall be exclusively in Madison County, State of Idaho. 4.2 Assignment; Subcontracting. Neither party shall assign its rights or delegate its duties under this agreement without the prior, express, written consent of the other. ENGINEER may subcontract any portion of its services without such consent. 4.3 Force Majeure. Any default in the performance of this agreement is caused by any of the following events and without fault or negligence on the part of the defaulting party shall not constitute a breach of contract: act of God, government, or public enemy; strike; embargo; fire, flood, epidemic, unusually severe weather and/or other extraordinary natural event or disaster; and/or quarantine. 4.4 Severability Waiver. In the event any provision of this agreement is invalid or unenforceable, the remaining provisions shall remain valid and enforceable. Waiver of a breach of any provision is not a waiver of a subsequent breach of the same or any other provision. 4.5 Amendments; Merger. This agreement may be amended only by written instrument expressly referring hereto and duly signed by the parties. This agreement constitutes the entire and integrated agreement between the parties and supersedes all prior or contemporaneous negotiations, representations and/or agreements, whether written or oral. 4.6 Third Party Rights. No third party beneficiary rights are created by this agreement, nor does this agreement create any cause of action in favor of any third party against either party hereto. 4.7 Limitation Periods. Statutory periods of limitation for CLIENT Claims against ENGINEER, et al., shall begin to run no later than the date of substantial completion, the date of occupancy of the project or the portion of the project as to which the Claim is made, or the date of abandonment of the project, whichever date is earliest.