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HomeMy WebLinkAboutR-2004-177 PLSA Engineering & Surveying AgreementRESOLUTION NO. R-2004-177 A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement with PLSA Engineering & Surveying to collect topographic data for the design and construction of a sanitary sewer main to connect with the existing sewer system in the vicinity of South 69th Avenue, Yakima, Washington. WHEREAS, the City requires the collection of existing topographic data for the design and construction of a sanitary sewer main to connect with the existing sewer system in the vicinity of South 69th Avenue, Yakima, Washington; and WHEREAS, PLSA Engineering & Surveying represents that it has the expertise necessary to perform the services required by the City and is willing to do so in accordance with the terms and conditions of the attached Professional Surveying Services Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City to authorize execution of the attached Professional Surveying Services Agreement with PLSA Engineering & Surveying, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached Professional Surveying Services Agreement with PLSA Engineering & Surveying to collect topographic data for the design and construction of a sanitary sewer main to connect with the existing sewer system in the vicinity of South 69th Avenue, Yakima, Washington. ADOPTED BY THE CITY COUNCIL this 16th day of November, 2004. ATTEST: City Clerk (1_,C,(1? Paul P. George, Mayor PROFESSIONAL SURVEYING SERVICES AGREEMENT THIS PROFESSIONAL SURVEYING SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City"), and PLSA Surveying, a company licensed to do business in Washington (hereinafter the "Surveyor"). WHEREAS, the City requires the collection of existing topographic data to design and construct a sanitary sewer main which shall connect into the existing system at south 69th Avenue and serve residents within and adjacent to Englewood Terrace in the City of Yakima (hereinafter the "Project"). WHEREAS, the Surveyor has the experience and expertise necessary to provide said independent surveying services and is willing to provide such services in accordance with the terms and conditions of this Agreement, NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Surveyor as follows: 1. Scope of Services. The Surveyor shall establish project control and perform field topographic survey of the project limits for the City's Project, The scope of services is described in more detail in attached and incorporated Exhibit "A." 2. Term, The term of this Agreement shall commence upon execution hereof and shall terminate at midnight of December 31, 2004, unless terminated sooner by either party in accordance with Section 18. The Surveyor shall proceed in a timely and diligent manner to provide all services required hereunder. 3. Consideration. The City shall pay the Surveyor for services rendered hereunder in accordance with the payment schedule set forth in attached and incorporated Exhibit "A." Unless this Agreement is otherwise modified by the parties, the total compensation paid to Surveyor for all services provided under this Agreement shall not exceed Five Thousand Two Hundred Dollars ($5,200.00). The Surveyor shall submit to the City monthly invoices itemizing tasks accomplished and percent completed to date. Upon receipt of said monthly invoice, the City shall make payment to the Surveyor within thirty (30) calendar days; provided, however, that all payments are expressly conditioned upon Surveyor providing services that are satisfactory to the City. The Surveyor shall maintain adequate files and records to substantiate all amounts itemized on the monthly invoices. In the event that either party exercises its right to terminate this Agreement in accordance with Section 18, the Surveyor shall be compensated in accordance with the above terms for all satisfactory services provided to the City up to the effective Agreement termination date. Page 1 of 6 Surveyor Agreement—Englewood Terrace Sewer 4. Information provided by the City The Surveyor shall provide guidance to the City in determining the data required for purposes of the contemplated services. The City agrees to use reasonable efforts to provide data and information specifically requested by the Surveyor. 5, Status of Surveyor . The Surveyor and the City understand and expressly agree that the Surveyor is an independent contractor in the performance of each and every part of this Agreement. No officer, employee, volunteer, and/or agent of Surveyor shall act on behalf of or represent him or herself as an agent or representative of the City. Surveyor, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. The Surveyor expressly represents, warrants and agrees that its status as an independent contractor in the performance of the work and services required under this Agreement is consistent with and meets the six -part independent contractor test set forth in RCW 51.08.195. Surveyor and its officers, employees, volunteers, agents and/or subcontractors shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between Surveyor and the City. 6. Inspection and Audit. Surveyor shall maintain books, accounts, records, documents and other evidence pertaining to the costs and expenses allowable and consideration paid under this Agreement in accordance with generally accepted accounting practices. All such books of account and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and/or of the Washington State Auditor at all reasonable times, and Surveyor shall afford the proper facilities for such inspection and audit. Such books of account and records may be copied by representatives of the City and/or of the Washington State Auditor where necessary to conduct or document an audit. The Surveyor shall preserve and make available all such books of account and records for a period of three (3) years after final payment under this Agreement. 7. Taxes and Assessments. Surveyor shall be solely responsible for compensating his employees, agents, and/or subcontractors and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, Surveyor shall pay the same before it becomes due. 8. Nondiscrimination Provision. During the performance of this Agreement, Surveyor shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement, Page 2 of 6 Surveyor Agreement—Englewood Terrace Sewer 9. The Americans with Disabilities Act. Surveyor shall comply with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations, and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its implementing regulations, with regard to the activities and services provided pursuant to this Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services, and telecommunications. 10. Compliance With Law. Surveyor agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 11. No Conflict of Interest. Surveyor covenants that neither it nor its employees have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. Surveyor further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 12. No Insurance. It is understood the City does not maintain liability insurance for Surveyor and its officers, directors, employees and agents. 13. Indemnification. a. Surveyor agrees to hold harmless, indemnify, and defend the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which result from or arise out of the negligence of Surveyor, its officers, agents, employees or subcontractors in connection with or incidental to the performance or non-performance of this Agreement. b. In the event that both Surveyor and the City are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees). c. The foregoing indemnity is specifically and expressly intended to constitute a waiver of Surveyor's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the Surveyor's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. d. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. e. This Section of the Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. Page 3 of 6 Surveyor Agreement—Englewood Terrace Sewer 14. Insurance Provided by Surveyor. a. Professional Liability Insurance. On or before the date this Agreement is fully executed by the parties, Surveyor shall provide the City with a certificate of insurance as ev d nQ; ofoBrofessional liability coverage with a limit of at least One=--Mitke otlars 4,1,4:44A.,:,4:01 for each wrongful act and an annual aggregate limit of at least Twe liilion 00 c) Dollars ('-:-E-Bar: s;� a). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A -VII or higher in Best's Guide. If the policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before the date this contract is executed by both parties hereto, or shall provide full prior acts coverage. The insurance coverage shall remain in effect during the term of this Agreement and for a minimum of three (3) years following the termination of this Agreement. b. Commercial Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Surveyor shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence/aggregate limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insured's, and shall contain a clause that the insurer will not cancel or reduce in limits the insurance without first giving the City thirty (30) calendar days' prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. c. Commercial Automobile Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Surveyor shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence/aggregate limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insured's, and shall contain a clause that the insurer will not cancel or reduce in limits the insurance without first giving the City thirty (30) calendar days' prior written notice. The insurance shall be with an insurance company or companies rated A -VH or higher in Best's Guide and admitted in the State of Washington. d. Insurance Provided by Subcontractors. The Surveyor shall ensure that all subcontractors it utilizes for work/services required under this Agreement shall comply with all of the above insurance requirements. 15. Delegation of Professional Services. The services provided for herein shall be performed by Surveyor, and no person other than regular associates or employees of Surveyor shall be engaged upon such work or services except upon written approval of the City. Page 4 of 6 Surveyor Agreement—Englewood Terrace Sewer 16. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Surveyor to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Surveyor stated herein. 17. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 18. Termination. Either party may terminate this Agreement at any time, with or without cause, by providing the other party with written notice of termination ten (10) calendar days prior to the termination date. 19. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 20. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered tic) the parties to their addresses as follows: TO CITY: K. Wendell Adams, P.E. City Engineer City Hall 129 North 2nd Street Yakima, Washington 98901 TO SURVEYOR: PLSA Engineering & Surveying Richard L. Wehr, P.L.S., Survey Manager 1120 West Lincoln Avenue Yakima, Washington 98902 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 21. Third Parties. The City and the Surveyor are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide, any right or benefit, whether directly or indirectly or otherwise, to third persons. 22. Drafting of Agreement. Both the City and the Surveyor have participated in the drafting of this Agreement. As such, it is agreed by the parties that the general contract rule of law that Page 5 of 6 Surveyor Agreement—Englewood Terrace Sewer ambiguities within a contract shall be construed against the drafter of a contract shall have no application to any legal proceeding, arbitration and/or action in which this Agreement and its terms and conditions are being interpreted and/or enforced. 23. Integration. This written document constitutes the entire Agreement between the City and Surveyor. There are no other oral or written agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 24. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 25. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 26. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. CITY OF YAKIMA By: R. A. Zais, Jr., City Manager Date: f l - t y- 0 v ATTEST: City Clerk Ji—cg —ot( City Contract No. .c00'`)/---/ 3 2 City Resolution No. � a�-V / 77 Page 6 of 6 Surveyor Agreement—Englewood Terrace Sewer By: PLSA SURVEYING Richard L. Wehr, P.L.S., Survey Manager Date: / f - Z. 3 --c4 PLSA EXHIBIT A ENGINEERING & SURVEYING BRADLEYJ. CARD, P.E. LOUIE W WISHERT, JR., PIS DOUG KUHN, P.E. RICHARD L WEHR, PLS November 5, 2004 City of Yakima Engineering Department 129 North 2nd Street Yakima, WA 98901 Attn: Dan Ford Re- Topography Survey of Englewood Terrace L I.D , Approximately 1200 LF by 100 ft Wide in NE1/4 Sec. 20, T-13 N, R-18 E, W.M. Dear Dan PLSA is pleased to respond to your request to provide professional land surveying services on the above referenced project PLSA can perform a topography survey of the above referenced project with the survey consisting mainly of: 1 Locate all structures, above ground improvements, and unusual areas as delineated on survey request map 2 Provide City of Yakima an ASCII file with each point located in the field having Northing, Easting, Elevation and Descriptor. 3. Provide City of Yakima with AutoCAD base map and calculation sheet showing monumentation used, existing street right of ways, and property lines along survey route. 4. Provide City of Yakima with copies of recorded surveys and/or short plats used in calculations 5 Provide City of Yakima with copies of field sketches of topography located 117n 1A/pct I inrnln AVPniIP Yakima Wachinntnn QRQO? (SnQ) S7S-FQQn FAY (SnQI S7S-FQM Dan Ford City of Yakima Eng. Dept. November 5, 2004 Page 2 6. The horizontal survey data will be provided on an assumed datum. PLSA can perform the above listed services for an estimated fee range of $4,200 to $5,200. The City of Yakima will provide PLSA with the location of the nearest City of Yakima elevation bench mark. If you have any questions or need further clarification, please call. Sincerely, RICHARD L WEHR, P L S Survey Manager RLW jc ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of 11— t'o —6-`1 Englewood Terrace Sewer LID Project Consultant Agreement for surveying services Department of Community and Economic Development, Engineering Division CONTACT PERSON/TELEPHONE: K. Wendell Adams, P.E., City Engineer 575-6096 SUMMARY EXPLANATION: PLSA Engineering and Surveying have been selected to perform topographic surveying for the Englewood Terrace Sewer Project. An estimated cost for this work is $5,200.00. The project includes collection of existing field data, research and calculations for property and right-of-way limits, and supplying that information in a format that can be used by City Engineering personnel to design and construct both irrigation mains. Resolution XX Ordinance Contract XX Other (Specify) Funding Source: Local Improvement District Funds APPROVED FOR SUBMITTAL:.`, City Manager STAFF RECOMMENDATION: Adopt the attached resolution authorizing the City Manager and City Clerk to sign the consultant agreement for PLSA Engineering & Surveying to provide the necessary topographic data for the design and construction of Englewood Terrace Sewer Project. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2004-177